1987 MhLJ 572
Bombay High Court
Milind Sharad Katware
Versus
State of Maharashtra
Decided On:
Act
Referred
:SECOUND SCHEDULED AMENDING SCHEDULED UNDER CONSTITUTION SCHEDULED TRIBES ORDER : .
SEHEDULED CASTES AND SCHEDULED TRIBES ORDERS AMENDMENT ACT : .
2nd Schedule amending Schedule under Constitution (Schedule Tribes) Order, 1950-Whether Harba Koshti is sub-tribe of Habla/Halbi within the meaning of entry No. 19 Part IX of second Schedule of Act-Permissibility to enquire whether any sub-division of a Tribe, though not mentioned in Schedule Castes and Scheduled Tribes of the Tribe mentioned therein.
Held, It is permissible to enquire whether any sub-division of a Tribe, though not mentioned in the Act is a part and parcel of the Tribe mentioned therein. The decisions of the Courts from time to time about Halba Koshti is being part and parcel of Halba/Halbi tribe are binding on the Government and authorities constituted by it. Halba Koshti is a subdivision of main tribe Halba/Halbi as per entry No. 19 in the Act as applied Maharashtra. Every Koshti is not Halba-Koshti.
For Citation : 1987 Mah LJ 572
Held, It is permissible to enquire whether any sub-division of a Tribe, though not mentioned in the Act is a part and parcel of the Tribe mentioned therein. The decisions of the Courts from time to time about Halba Koshti is being part and parcel of Halba/Halbi tribe are binding on the Government and authorities constituted by it. Halba Koshti is a subdivision of main tribe Halba/Halbi as per entry No. 19 in the Act as applied Maharashtra. Every Koshti is not Halba-Koshti.
For Citation : 1987 Mah LJ 572