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Bombay High CourtCP/179/2022disposed off

Dhanraj Soma Sapkale v. Dy. Collector, Thane District Thane

2022-04-13Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi3 pages

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 179 OF 2022 IN WRIT PETITION (ST.) NO. 217 OF 2021 Dhanraj Soma Sapkale ... Petitioner V/s.

State of Maharashtra and Ors.

... Respondents Mr. C.K. Bhangoji i/b. R.K. Mendadkar for the Petitioner Mr. S.L. Babar, AGP for the Respondent - State CORAM : S.V. GANGAPURWALA & M.G. SEWLIKAR, JJ.

DATE : 19 APRIL 2022 P.C. :- The present Contempt Petition is filed on the premise that the order of this Court dated 17 March 2021 in Writ Petition (St.) No. 217 of 2021 is not complied with. This Court had directed the Respondent No.2 to correct the caste certificate with the correct nomenclature of the tribe.

2.

The caste claim of the Petitioner was referred to the Scrutiny Committee for validation. The Scrutiny Committee refused to entertain the validation proceedings on the ground that the nomenclature of the caste was incorrectly spelt in the caste certificate.

3.

It would appear that the original caste certificate with the incorrect spelling of the caste is with the Scrutiny Committee. The Petitioner will have to submit the attested caste certificate to the concerned Sub-Divisional Officer.

4.

Considering the above, we pass the following order :- (i) The Petitioner shall within seven days from today apply to the Caste Scrutiny Committee for issuance of attested copy of the caste certificate produced by the Petitioner.

(ii) The Scrutiny Committee, on the receipt of the application of the Petitioner shall, within seven days, issue the attested copy of the caste certificate submitted by the Petitioner with the incorrect spelling. (iii) The Petitioner shall submit the attested copy of the caste certificate received from the Scrutiny Committee to the concerned Sub-Divisional Officer.

(iv) The Sub-Divisional Officer shall within fifteen days from the date of the receipt of the attested caste certificate issue the caste certificate of Tokre Koli Schedule Tribe with the correct spelling to the Petitioner.

With the aforesaid observations and directions, the Contempt Petition is disposed of.

(M.G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date: 2022.04.21 13:19:20 +0530