Rajaram Dhondi Koli v. The State Of Maharashtra Tribal Development Dept Thr Its Secretary And ORS

11.WPNo.97492022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9749 OF 2022 Rajaram s/o. Dhondi Koli ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Prafullasing H. Patil i/b. Ms. Vaishali B. Suryawanshi, Advocate for the Petitioner.

Mr. S. B. Kalel, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :

AUGUST 26, 2022 P.C.

1.

Rule. Rule is returnable forthwith. By consent of the parties, taken up for fnal hearing.

2.

The petitioner was issued with the caste certifcate. The petitioner submitted the same for validation. The scrutiny Committee disposed of the validation proceedings on the ground that caste certifcate is not issued with the proper nomenclature of the tribe. The liberty was given to the petitioner to get the proper certifcate.

3.

The petitioner thereafter applied to the Sub-Divisional Offcer. The Sub-Divisional Offcer rejected the application. 4.

Upon perusal of the order on the application, it would appear that the said order is passed on altogether erroneous grounds. In fact, the Sub-Divisional Offcer ought to have sought for the attested copy of the certifcate with incorrect Gaikwad RD 1/2

11.WPNo.97492022.doc nomenclature. We set aside the order of the Sub-Divisional offcer and pass the following order :

ORDER

i) The petitioner shall apply to the Scrutiny Committee for attested copy of the certifcate issued with the incorrect nomenclature.

ii) The Scrutiny Committee shall within seven days from the date of the application issue attested copy of the caste certifcate produced by the petitioner. iii) The petitioner shall fle on-line application with the Sub-Divisional Offcer.

iv) The petitioner shall also submit the attested copy of the caste certifcate issued by the Committee with the incorrect nomenclature to the SubDivisional Offcer. v) The Sub-Divisional Offcer shall verify that the caste certifcate was issued from his offce and if is satisfed then shall issue a caste certifcate to the petitioner with correct nomenclature of tribe within a period of ffteen days from the date the petitioner submits online application and the attested copy of the caste certifcate with the incorrect nomenclature.

vi) With the aforesaid observations and directions, the writ petition is disposed of. No costs.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.08.30 11:02:58 +0530 Gaikwad RD 2/2 RAJU DATTATRAYA GAIKWAD