ASN 1 WP-1804.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1804 OF 2011 Mrs. Maya S. Mali. ..Petitioner. Vs. State of Maharashtra and anr. ..Respondents. Mr. P. R.Arjunwadkar i/by Abhay Nevaji and Associates for the Petitioner. Mr. A.B. Vyagyani, AGP. For Respondent Nos. 1 and 2. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Monday, 14 st March, 2011 PC : Rule. Rule made returnable forthwith. 2 The learned A.G.P. Waives service of Rule on behalf of respondent Nos. 1 and 2. Considering the facts and circumstances of the case, petition is taken up for final hearing. 3 What is challenged in this petition is the order dated 15th December, 2010 (Exhibit-A) issued by the Tahsildar, Taluka-Walwa Islampur, Sangli District. By the impugned order, the Tahsildar purported to cancel the Caste Certificate dated 14th October, 2010 by which the Domicile Certificate was issued in favour of the petitioner who is the resident of Village Kasegaon, Taluka Wawal, District-Sangli. ASN 2 WP-1804.sxw 4 The impugned order is passed only on the ground that the petitioner was married to Sahaji Mali and that before marrying with the petitioner Sahaji Mali has already married with another woman on 13th June, 1983 and therefore, subsequent marriage of the petitioner with Sahaji Mali is void. 5 The Tahsildar had also passed an order dated 14th October, 2010 certifying that the petitioner was a resident of Village Kasegaon. The learned counsel for the petitioner has invited our attention to the Caste Certificate dated 25th July, 1989 issued by the Taluka Executive Magistrate, Walwa, Islampur certifying that the petitioner belongs to Other Backward Class and was resident of Village Kasegaon. The petitioner’s case is that before her marriage with Sahaji Mali, the petitioner was residing in Village Kasegaon and after her marriage she was residing in the same village. 6 After considering the submissions on behalf of the petitioner, it appears that when the petitioner was already granted Domicile Certificate on 14th October, 2010 certifying that the petitioner was resident of Village Kasegaon and the said certificate was issued by verifying the sufficient documentary evidence there was no justification for the Tahsildar to cancel the said certificate by the impugned order by raising doubt about the legality of the petitioner’s marriage with Sahaji Mali. On this short point alone, we set aside the impugned order dated 15th December, 2010 at Exhibit-A and direct the respondents to proceed ASN 3 WP-1804.sxw on the basis that the certificate dated 14th October, 2010 issued by the Taluka Executive Magistrate, Walwa, Islampur continues to remain valid. Rule is made absolute accordingly. 7 Petition is accordingly, disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.