Ambadas Rameshrao Dornale v. The State Of Maharashtra Through Secretary And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3509 OF 2022 Ambadas S/o Rameshrao Dornale, Age : 29 Years, Occ. Nil, R/o Gonegaon, Tq. Mukhed, Dist. Nanded ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2.

The Sub Divisional Officer, Degloor, Dist. Nanded ..RESPONDENTS Mr. S.M. Vibhute, Advocate for petitioner;

Mr. S.P. Tiwari, A.G.P. for respondents WITH WRIT PETITION NO.4338 OF 2022 Omkar S/o Govind Pallewad, Age : 17 years, Occ. Education, R/o Dhuppa, Tq. Naigaon (Kh), Dist. Nanded Through Father and Natural Guardian Govind S/o Maroti Pallewad Age : 45 years, Occ. Agri., R/o As above ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Secretary to Tribal

(2) Development Department, Mantralaya, Mumbai 2.

The Sub Divisional Officer, Biloli, Dist. Nanded ..RESPONDENTS Mr. S.M. Vibhute, Advocate for petitioner;

Mr. S. G. Karlekar, A.G.P. for respondents CORAM : R.D. DHANUKA AND S. G. MEHARE, JJ.

DATE : 18th April, 2022 ORAL JUDGMENT (Per R.D. Dhanuka, J.) 1.

Rule. Learned A.G.P. waives service for the respondents. Rule is made returnable forthwith.

2.

By these petitions filed under Article 226 of the Constitution of India, the petitioners have prayed for a Writ of Certiorari for quashing and setting aside the order dated 20.1.2022 passed by respondent no.2, seek an order or direction to correct the nomenclature in the tribe certificates issued to them as "Koli Mahadev", instead of "Mahadev Koli" and to issue the corrected tribe certificates to the petitioners in format-C.

(3) 3.

Learned Counsel for the petitioners invited our attention to the order passed by this Court on 10.2.2020 in Writ Petition No.2412 of 2020, in the case of Eknath Balaji Tekulwar vs. The State of Maharashtra & anr. and other companion matters and would submit that the facts of the said case and the instant case being identical, similar order may be passed by this Court.

4.

Learned A.G.Ps. do not dispute that the facts in these petitions and in Writ Petition No.2412 of 2020 and companion matters are identical.

5.

We accordingly pass the following order:- The petitioners shall file on-line applications. The petitioners shall submit the original tribe certificates with incorrect spelling/incorrect format to the concerned Sub Divisional Officer. The concerned Sub Divisional Officer after verifying it's record of issuance of the certificates shall issue the corrected tribe certificates to the petitioners within a period of six (06) weeks from the date of production of incorrect tribe certificates.

(4) 6.

Writ Petitions are disposed of in aforesaid terms. No order as to costs.

(S. G. MEHARE, J.) (R.D. DHANUKA, J.) amj