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Bombay High CourtWP/568/2019disposed offdismissed for default

Aniket Sunil Raut Under Guardian Of Father Sunil Babruwan Raut And Another v. The State Of Maharashtra And Another

2019-01-23Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.568 OF 2019 ANIKET SUNIL RAUT UNDER GUARDIAN OF FATHER SUNIL BABRUWAN RAUT AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.P.V. Jadhavar, Advocate for the petitioners. Mr.A.R. Kale, AGP for respondent/State.

CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

23.01.2019 P.C. :- 1.

Heard learned Counsel for the petitioner. The grievance raised in the petition is limited one, as such, the petition is taken up for hearing and disposal. 2.

The petitioners are minor students and have approached this Court through their natural guardian father Sunil Babruwan Raut. On perusal of the documents placed on record, it seems that petitioner No.1 - Aniket completed his 5th standard in the year 2017 and prosecuting his studies further. Similarly, petitioner

( 2 ) No.2 - Adittya has completed his 4th standard in the year 2012 and he is also prosecuting his studies further. The petitioners have submitted application for grant of caste certificate to office office of respondent No.2 - SubDivisional Officer. These petitioners claim that they belong to Mahadev - Koli and accordingly applications are filed and the copy of the receipt is also placed on record at page No.12 of the petition. Learned Counsel also invited our attention to the documents placed on record to submit that there is sufficient material supporting the claim of these petitioners and inspite of repeated requests to the authorities, the authorities failed to issue certificate expeditiously. Learned Counsel invited our attention to the representation submitted to respondent No.2 on 08.08.2017. Copy of the same is placed on record. Perusal of the communication shows that the father of the petitioners informed the office of the Sub-Divisional Officer that there is continuous insistence for submission of the caste certificate from the school authorities and authority may

( 3 ) take decision as expeditiously as possible considering the urgency in the matter.

3.

In view of above referred fact situation, in our opinion, the petition can be safely disposed of by directing respondent No.2-Sub-Divisional Officer, Osmanabad to decide the application submitted to the office of respondent No.2 on 30.11.2016 and if the claim of the petitioner is meritorious, accordingly issue certificate in favour of the petitioners as expeditiously as possible and not later than 12 (twelve) weeks from the date of this order.

4.

With these directions, the writ petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/JAN19/wp568.19