Devidas Ramesh Sinde vs The State Of Maharashtra Thr Its ... on 3 December, 2021
5. The learned counsel for the petitioners submits that apart
from their own documents, the petitioners had produced the school
record of the blood relatives wherein caste is recorded as 'Thakur'. The
petitioners had also produced land records in the form as Khasra
Patrak of the year 1954, National Register of Citizens of the year 1951,
Lawni Patrak of 1349 Fasli i.e. of the year 1939 to substantiate their
claim. According to the learned counsel for the petitioners, as per the
practice prevailing at the relevant time, the caste 'Thakur' was
mentioned in place of their surname. According to the learned
counsel, all these land revenue documents did not have a caste column
and as such, the documents could not be considered as misdirected
itself in law. It is no doubt, true that there is no Caste-Tribe column in
these documents. The very fact, however, that the persons are
identified by the word 'Thakur' which is Notified Scheduled Tribe
would by itself be a strong factor in favour of the petitioners. All these
aspects are highlighted in the case of Shri Prasad s/o Sakharam Pawar
Vs. The State of Maharashtra and Others in Writ Petition No.4514 of
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WP 2465,2467.21
5
2002 decided on 18 November 2003.