Swati Chandrakant Markwad v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 178 OF 2017 Swati d/o Chandrakant Markawad

...Petitioner

VERSUS

The State of Maharashtra & ors.

...Respondents

.....

Shri P.V.Jadhavar, advocate for petitioner Shri P.S.Patil, A.G.P. for respondent nos.1 to 4, 5 & 6 .....

CORAM : S.V.GANGAPURWALA & K.L.WADANE, JJ.

DATED : 10th January, 2017 O R D E R :- Heard learned counsel for the respective parties. Mr. Patil, learned A.G.P. waives service of notice for respondent nos. 1 to 4 and 5 and 6. 2.

The grievance of the petitioner is that the petitioner was issued the tribe certificate as belonging to Mannervarlu by respondent no.5, however, the said tribe was incorrectly spelt. The Scrutiny Committee directed the petitioner to

obtain the corrected tribe certificate.

According to the petitioner, the competent authority would be respondent no.6. He had approached respondent no.6, but respondent no.6 refused to accept the application.

3.

If an application is made to respondent no.6, respondent no.6 shall accept the said application and pass orders with regard to issuance of tribe certificate to the petitioner as belonging to Mannervarlu Scheduled Tribe. If such a tribe certificate is issued, the same be referred to the Committee to conduct the validation proceedings.

4.

The Sub-Divisional Officer/respondent no.6 shall take decision upon the same within one month from the date of receipt of application. The application shall be filed by the petitioner within one week. Till the same is decided, respondent nos. 3 and 4 shall not take adverse action against the petitioner on the ground that

validation proceedings are pending.

5.

Writ Petition is disposed of. No costs.

(K.L.WADANE, J.) (S.V.GANGAPURWALA, J.) dbm/wp178.17