Nagsen Uttam Komwad v. The State Of Maharashtra Through Secretary And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.834 OF 2023 NAGSEN UTTAM KOMWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND ANOTHER ....

Mr G. K. Chinchole, Advocate for petitioner;

Mr P. S. Patil, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 24th January, 2023 PER COURT:

1.

The petitioner has put forth prayer clauses (B) and (C), which read as under :- "B) The impugned order dated 02/01/2023 passed by the respondent no. 2, rejecting the application of the petitioner for tribe certificate belongs to Mannervarlu tribe, may kindly be quashed and set aside and respondent no. 2 may kindly be directed to issue Tribe Certificate of Mannervarlu tribe to the petitioner in Central Government Format, on the basis of the earlier Tribe Certificate dated 17/10/2002 of the petitioner, as early as possible.

C) Pending hearing and final disposal of this writ petition, impugned order dated 02/01/2023 passed by the respondent no. 2, rejecting the application of the petitioner for tribe certificate belongs to Mannervarlu tribe, may kindly be stayed and respondent no. 2 may kindly be

(2) directed to issue Tribe Certificate of Mannervarlu tribe to the petitioner in Central Government Format, on the basis of the earlier Tribe Certificate dated 17/10/2002 of the petitioner, as early as possible."

2.

We have heard the submissions of the learned Advocates for the respective sides. The learned A.G.P. submits on instructions that, the impugned order has been passed inadvertently by the Sub Divisional Officer.

3.

In view of the above, this petition is partly allowed. The impugned order is quashed and set aside.

4.

Considering the change in the procedure, the petitioner would tender an online application to respondent No.2, seeking the 'Mannervarlu' - Scheduled Tribe Certificate in the Central Government Format. Let such certificate be issued after following the due procedure, within 15 days from the date of uploading the online application.

5.

Similarly, since there is a spelling mistake in the word 'Mannervarlu' in the caste certificate of the petitioner, the petitioner would tender an online application for seeking the proper tribe certificate in the State Government Format (Format

(3) 'C"). The Sub Divisional Officer would issue such a certificate within 15 days from uploading of the online application and upon submission of original caste certificate by the Petitioner. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk