Ganesh Govind Goyaji v. State Of Maharashtra Thr Its Secretary And ANR

33.WPNo.101102022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10110 OF 2022 Ganesh Govind Goyaji ...

Petitioner

Versus

The State of Maharashtra & Anr. ...

Respondents Mr. R. K. Mendadkar, Advocate for the Petitioner. Mr. N. C. Walimbe, AGP for the Respondents/State.

CORAM:

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

DATED :

AUGUST 26, 2022 P.C.

1.

The learned Counsel submits that the petitioner was issued with the caste certifcate by the Sub-Divisional Offcer on 12th August 1997, however with the incorrect nomenclature of the tribe. The petitioner had applied for the issuance of the tribe certifcate with correct nomenclature. The same is rejected.

2.

Heard the learned Counsel for the petitioner and learned AGP.

3.

The petitioner is already issued with the caste certifcate, however, with the incorrect nomenclature of 'Mahadev Koli'. The correct nomenclature is Koli Mahadev. The petitioner has applied for the correct tribe certifcate. The said application is rejected on the ground that the petitioner has failed to produce documents prior to 1950. Such a reasoning cannot be comprehended. The SubGaikwad RD 1/2

33.WPNo.101102022.doc Divisional Offcer was only required as to consider whether the caste certifcate earlier issued was issued by his offce and if satisfed, the Sub-Divisional Offcer was required to issue corrected caste certifcate. No further inquiry was necessary.

4.

The learned Counsel submits that the petitioner had fled online application. Relying on the statement that the online application has been fled, we pass the following order:

ORDER

i) The impugned order passed by the Sub-Divisional offcer is quashed and set aside.

ii) The petitioner shall surrender the original caste certifcate with incorrect nomenclature received from the Sub-Divisional Offcer within seven days from today.

iii) Upon receipt of the original caste certifcate with the incorrect nomenclature, the Sub-Divisional Offcer shall verify whether the same was issued by his offce and after satisfying that the same was issued by the offce, then shall issue the caste certifcate with the correct nomenclature preferably within three weeks from the date the petitioner surrender the original caste certifcate with the incorrect nomenclature.

iv) The writ petition is disposed of. No costs.

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

2022.08.30 11:11:21 +0530 Gaikwad RD 2/2 RAJU DATTATRAYA GAIKWAD