VILAS DINKAR BHATversusSTATE OF MAHARASHTRA & ORS.

1056                      [2018]REPORTS
                SUPREME COURT   9 S.C.R. 1056                [2018] 9 S.C.R.


 A                           VILAS DINKAR BHAT
                                         v.
                      STATE OF MAHARASHTRA & ORS.
                          (Civil Appeal No.2095 of 2007)
 B                              AUGUST 10, 2018
       [ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.]
              Practice and Procedure – Appellant approached the
       Committee concerned as also the High Court for a declaration that
       by birth he belongs to “Thakar” caste, a Schedule Tribe – Claim
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       dismissed – Held: Committee though considered some documents
       filed by the appellant but did not consider all the documents on
       which the appellant had placed reliance – High Court in its writ
       jurisdiction declined to go into the merits of the writ petition – When
       a party relies upon any evidence, whether it is oral or documentary,
 D     in support of his case, the Court/Committee/Authority, as the case
       may be, and especially the original Court is under an obligation to
       apply its mind to entire evidence and record its reasoned findings
       whether accepting the evidence or rejecting it – This principle was
       not followed by the Committee– Case remanded to the Committee
       for considering it afresh – Order of High Court and the Committee
 E
       set aside.
             Allowing the appeal, the Court
              HELD: 1.1 The Committee though considered some
       documents filed by the appellant but did not consider all the
 F     documents on which the appellant had placed reliance. The High
       Court in its writ jurisdiction declined to go into the merits of the
       writ petition stating that since the issue involves questions of
       fact, it was not possible to examine the case on facts in its writ
       jurisdiction. It was more so when the Committee probed the issue
       in detail on facts. When a party relies upon any evidence, whether
 G     it is oral or documentary, in support of his case, the Court/
       Committee/Authority, as the case may be, and especially the
       original Court is under an obligation to apply its mind to the entire
       documentary evidence on which the party has placed reliance for
       proving his case and record its reasoned findings whether
 H     accepting the evidence or rejecting it. What is important is the
                                       1056
VILAS DINKAR BHAT v. STATE OF MAHARASHTRA & ORS.                               1057


consideration of entire evidence adduced by the parties in                     A
accordance with law while deciding the case. This principle was
not followed by the Committee while considering the appellant’s
case. The case is remanded to the Committee for reconsideration
of the appellant’s case on its merits in accordance with law. [Paras
10-12] [1058-E-H; 1059-A]
                                                                               B
      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2095
of 2007.
       From the Judgment and Order dated 12.07.2004 and 11.12.2006
of the High Court of Judicature at Bombay in Writ Petition No.7518/
2002 and Review Petition No. 2982/2006 respectively.                           C
       Sudhanshu S. Choudhari, Ms. Surabhi Guleria, Shakul R. Ghatole,
Ms. Deepa M. Kulkarni, Nishant Ramakantrao Katneshwarkar, Advs.
for the appearing parties.
      The Judgment of the Court was delivered by
                                                                               D
      ABHAY MANOHAR SAPRE, J. 1. This appeal is directed
against the final judgment and order dated 12.07.2004 passed by the
High Court of Judicature at Bombay in Writ Petition No.7518 of 2002
and the judgment and order dated 11.12.2006 in Review Petition No.2982
of 2006 whereby the High Court dismissed the Writ Petition and also the
Review Petition filed by the appellant herein.                                 E
      2. Few facts need to be mentioned to appreciate the short issue
involved in the appeal.
      3. The question arises in this appeal is about the caste of the
appellant-whether the appellant belongs to a caste, known as “Thakar”-
                                                                               F
a Schedule Tribe, or not.
      4. According to the appellant, he by birth belongs to “Thakar”
caste which is a Schedule Tribe and, therefore, he is entitled to claim a
declaration to that effect in his favour.
      5. For claiming this declaration, the appellant approached to the        G
Committee concerned and also the High Court of Bombay twice but his
claim suffered dismissal before the Committee and the High Court in
the writ petition on both the occasions giving rise to filing of this appeal
by way of special leave against the order of the High Court.

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1058             SUPREME COURT REPORTS                               [2018] 9 S.C.R.


 A            6. Submission of learned counsel for the appellant was essentially
       one. His argument is that though the appellant had filed as many as 50
       documents in support of his case to prove that he belongs to a caste
       “Thakar” but unfortunately neither the Committee and nor the High Court
       examined the documents in their proper perspective in their respective
       jurisdiction and, therefore, the matter needs to be reconsidered by the
 B
       Committee afresh.
             7. Learned counsel especially brought to our notice the
       documents at pages 30 to 33 of the SLP paper book, which, according to
       learned counsel, are in his favour but none of these documents were
       considered either by the Committee or the High Court.
 C
             8. In reply, learned counsel for the respondent (State) supported
       the impugned order of the High Court.
              9. Having heard the learned counsel for the parties and on perusal
       of the record of the case, we are inclined to allow the appeal and while
 D     setting aside the impugned order and also the order of the Committee,
       remand the case to the Committee for fresh consideration of the
       appellant’s case on its merit.
               10. On perusal of the Committee’s order, we find that the
       Committee though considered some documents filed by the appellant
 E     but did not consider all the documents on which the appellant had placed
       reliance. The High Court in its writ jurisdiction declined to go into the
       merits of the writ petition stating that since the issue involves questions
       of fact, it is not possible to examine the case on facts in its writ jurisdiction.
       It is more so when the Committee probed the issue in detail on facts.

 F             11. In our opinion, when a party relies upon any evidence, whether
       it is oral or documentary, in support of his case, the Court/Committee/
       Authority, as the case may be, and especially the original Court is under
       an obligation to apply its mind to the entire documentary evidence on
       which the party has placed reliance for proving his case and record its
       reasoned findings whether accepting the evidence or rejecting it. What
 G     is important is the consideration of entire evidence adduced by the parties
       in accordance with law while deciding the case.
              12. It is for this reason, we consider it proper to remand the case
       to the Committee for reconsideration of the appellant’s case on its merits
       in accordance with law keeping in view our observation made supra
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VILAS DINKAR BHAT v. STATE OF MAHARASHTRA & ORS.                               1059
           [ABHAY MANOHAR SAPRE, J.]

because we find that this principle was not followed by the Committee          A
while considering the appellant’s case.
      13. The Committee will decide the matter after affording an
opportunity to the appellant strictly in accordance with law without being
influenced by any of our observation on merits which we have refrained
to make once formed an opinion to remand the case to the Committee.            B
      14. The appeal thus succeeds and is accordingly allowed.
Impugned order and the order of the Committee are set aside. The case
is remanded to the Committee for its disposal afresh, as directed above,
within six months.
Divya Pandey                                                 Appeal allowed.   C




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