Pushpa Bapurao Balwante v. The Sub Divisional Officer Boom

1 58-WP2187-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2187 OF 2020 Pushpa Bapurao Balwante .. Petitioner

Versus

The Sub Divisional Officer, Bhoom .. Respondent Mr. Abhijit S. More, Advocate for the Petitioner. Mr. S. B. Yawalkar, Addl. G. P. for Respondent No. 1. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 04th FEBRUARY, 2020.

PER COURT:- .

Mr. More, learned counsel for the petitioner submits that the petitioner has applied for issuance of duplicate tribe certificate as belonging to "Koli Mahadev". The tribe certificate was issued to the petitioner of "Koli Mahadev" (Scheduled Tribe) by the Executive Magistrate, Bhoom on 01.02.1992. The petitioner has misplaced the original, as such requesting for the duplicate copy, however the respondent is asking for the evidence prior to 1950. 2.

The learned Addl. G. P. accepts notice for sole respondent. 3.

The respondent will have to verify the factum of issuance of the tribe certificate on 01.02.1992 by the Executive Magistrate, Bhoom. It

2 58-WP2187-2020.odt is only after the respondent confirms the issuance of the tribe certificate by Executive Magistrate, Bhoom, then the respondent shall issue the tribe certificate to the petitioner of "Koli Mahadev" (Scheduled Tribe). If the respondent is not convinced about the issuance of the tribe certificate by Executive Magistrate, Bhoom on 01.02.1992, then certainly the respondent shall consider the evidence on record and also the issuance of the tribe certificate to the sons of the petitioner and decide the said application on its own merits, expeditiously and preferably within a period of six (06) weeks from today. 4.

Writ petition accordingly is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.