← Library
Bombay High CourtWP/883/2017disposed offdismissed for default

Amol Devram Salunke And Others v. The State Of Maharashtra And Others

2017-07-03Hon'Ble Shri Justice S C Dharmadhikari,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 WP - 883-2017+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 883 OF 2017 AMOL DEVRAM SALUNKE (KOLI) AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr. A.R. Salve, Advocate for the petitioners Mrs. A.V. Gondhalekar, A.G.P. for the respondents 1 to 3 - State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 03-07-2017 ORAL ORDER :

1.

Once the petitioners' Advocate was informed that when individual applications were made for issuance of tribe certificates, and in the case of each individual's application, the Competent Authority has passed the order, which has been confirmed by the Scrutiny Committee, then, these individual orders will have to be challenged by producing all the relevant factual materials. Even if common order is passed by the Sub Divisional Officer, which does not appear to be the position, then, a single Petition would not lie, he stated that he would bring individual Petitions and orders passed

2 WP - 883-2017+ by Competent Authorities in the individual cases, so also the common order of the Scrutiny Committee dated 26/10/2016. Both would be challenged by producing the record in reference to each of these applicants, namely, Amol Devram Salunke, Sunil Devram Salunke, Sanjay Mayaram Salunke, Jagdish Ratilal Salunke, Jitendra Mayaram Koli, 2.

It is submitted that they are belonging to different families and do not have a common ancestor.

3.

In the circumstances, we allow this Writ Petition to be withdrawn with liberty to file individual Petitions. We dispose of the present Petition.

[MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/