Shalu Shahuraj Adatrao v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1429 OF 2017 Shalu Shahuraj Adatrao ..

Petitioner

Versus

The State of Maharashtra & Anr.

..

Respondents Mr.E.S. Murge, Advocate for the petitioners.

Mr.P.S. Patil, Addl. Govt. Pleader for respondent/State. CORAM : S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATED :

01.02.2017 P.C. :- 1.

The application for issuance of Tribe Certificate is rejected. Mr.Murge, learned Counsel for the petitioner submits that in-fact all documents are in favour of the petitioner. Though this Court had directed the S.D.O. to decide the application by 29th January, 2017, same was not decided and as such present writ petition is required to be filed. The petitioner intends to contest election and today is the last date of filing nomination.

2.

Mr. Patil, learned Addl. Govt. Pleader submits that the petitioner has remedy of appeal before the Committee.

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Even if we pass some orders today, it would not be possible to physically issue the certificate by 3.00 p.m. today.

4.

Considering the aforesaid aspect of the matter and the fact that the petitioner has alternate remedy, we dispose of the writ petition with liberty to the petitioner to assail the order of rejection of his application by filing appeal before the Committee. All contentions are kept open. No costs.

[K.L.WADANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk FEB wp1429.17