Bombay High Court
Rikita Kashinath Ishi Through Her ... vs The State Of Maharashtra And Others on 16 December, 2020
Bench: S.V. Gangapurwala, Shrikant D. Kulkarni
1
R.A.st.14168-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
REVIEW APPLICATION (STAMP) NO.14168 OF 2019
IN
WRIT PETITION NO. 8558 OF 2018
Rikita Kashinath Ishi .. Applicant
Versus
The State of Maharashtra and ors. .. Respondents
Mr S.R. Barlinge, Advocate for applicant
Mr A.B. Chate, A.G.P. for respondent-State
CORAM : S.V. GANGAPURWALA AND
SHRIKANT D. KULKARNI, JJ.
DATE : 16th December 2020 PER COURT :
1. Mr Barlinge, learned Counsel for the review applicant submits that the Court, while delivering the judgment under the review did not properly appreciate the school leaving certificate of Gojraj Kashiram Ishi and Amaribai Kashinath Ishi i.e. the record of the grandfather and the grandfather's sister.
The record of the grandfather Gojraj shows caste as Koli Dhor and that of the sister of great grandfather as Tokre Koli. Koli Dhor and Tokre Koli are synonyms. The Court wrongly recorded that there is over writing in the register so far as name and caste claim is concerned. According to learned Counsel, the Court was only verifying the colour photo copies and not original register. In the original register, there is no overwriting. This aspect needs to be considered by the Court. According to learned Counsel, this old school entry has presumptive value and would prove that the caste of the petitioner is Tokre Koli.
2. This Court while delivering the judgment dated 22.8.2018 has considered the old entries in the revenue record of the grand uncle and ::: Uploaded on - 19/12/2020 ::: Downloaded on - 10/02/2021 07:38:31 ::: 2 R.A.st.14168-2019 father's cousin of the years 1920, 1922 and 1944 where the caste is recorded as Hindu Koli. This Court also verified the photocopies of the school entries of grandfather of the petitioner and the sister of the grandfather of the petitioner and came to the conclusion that the entries therein are interpolated. The Court has in detail dealt with the evidence produced by the petitioner and scanned it threadbare.
3. In review jurisdiction, this Court is not expected to sit in appeal over the Judgment of the Co-ordinate Bench. The review jurisdiction is in a narrow compass. The Court has recorded its finding after going through the documents on the record.
4. In light of the above, no case for review is made out. Review Application is rejected. No costs.
( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr ::: Uploaded on - 19/12/2020 ::: Downloaded on - 10/02/2021 07:38:31 :::