Devidas Pitambar Baviskar v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:2385-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1329 OF 2025 (Devidas Pitambar Baviskar Vs. The State of Maharashtra and Others) Mr.Balaji S.Shinde, Advocate for the petitioner. Mr.V.M.Kagne, AGP for the respondent/State.

( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : FEBRUARY 3, 2025 PER COURT :

1.

A motion is made for "speaking to the minutes of the order dated 28.01.2025.

2.

It is being pointed out that the petitioner was merely seeking a direction to the competent authority to issue a caste certificate in the correct format 'C'.

3.

It is also being pointed out that in paragraph no.3, the petitioner was directed to produce the original caste certificate before the competent authority when in fact it has already been seized by the Caste Certificate Verification Committee.

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In the light of the above, following paragraphs be replaced in place of existing paragraph No.3.

[a] The petitioner shall approach the respondent/Caste Certificate Scrutiny Committee, which shall either handover the original certificate to him or issue him an acknowledgment.

[b] The petitioner shall thereafter approach the competent authority, produce the original caste certificate or it's acknowledgment by the Scrutiny Committee. The Competent Authority shall thereafter issue him a fresh tribe certificate in Form 'C', within 2 weeks thereafter. ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) ( The order dated 28.01.2025 stands corrected and uploaded in view of the order dated 03.02.2025 passed on the motion for Speaking to the Minutes of the Order.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 WRIT PETITION NO. 1329 OF 2025 DEVIDAS PITAMBAR BAVISKAR

VERSUS

1. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MUMBAI

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2. THE SUB DIVISIONAL OFFICER, AMALNER, DIST JALGAON

3. THE SCHEDULED TRIBE CAST VERIFICATION COMMITTEE, NANDURBAR ....

Mr Balaji S. Shinde, Advocate for petitioner Mr M. M. Nerlikar, Addl.G.P. for respondents/State CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 28th January, 2025 PER COURT:

1.

Leave is granted to correct the nomenclature of respondent No.2. Amendment be carried out forthwith.

2.

The petitioner possesses a caste certificate but in incorrect format. He has submitted the online application for issuance of a fresh certificate in From 'C' on 04/05/2022.

3.

[a] The petitioner shall approach the respondent/Caste Certificate Scrutiny Committee, which shall either handover the original certificate to him or issue him an acknowledgment. [b] The petitioner shall thereafter approach the competent authority, produce the original caste certificate or it's acknowledgment by the Scrutiny Committee. The Competent Authority shall thereafter

- 4 - issue him a fresh tribe certificate in Form 'C', within 2 weeks thereafter. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.)