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Bombay High CourtWP/1849/2019disposed offdismissed for default

Dnyaneshwar Tatyarao Ghate Tatyarao Shankarrao Ghate v. The State Of Maharashtra And Others

2019-09-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1829 OF 2019 KAILASH MAROTI GHATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Mane Dhananjay A and Mr. Bharat Pankaj A.

AGP for Respondents : Mr. K. B. Jadhavar ...

WRIT PETITION NO. 1848 OF 2019 SHUBHAM TATYARAO GHATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Mane Dhananjay A and Mr. Bharat Pankaj A.

AGP for Respondents : Mr. K. B. Jadhavar ...

WRIT PETITION NO. 1849 OF 2019 DNYANESHWAR TATYARAO GHATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Mane Dhananjay A and Mr. Bharat Pankaj A.

AGP for Respondents : Mr. K. B. Jadhavar ...

CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE:

rd SEPTEMBER, 2019

2 wp 1829.19+ PER COURT:

1.

The applications filed by the petitioners for issuance of caste certificates are rejected by the Tahsildar, Tuljapur, District - Osmanabad. According to the learned counsel for the petitioners, the order could only have been passed by the Sub Divisional Officer.

2.

In fact we do not find that the petitioners have made online applications.

3.

The Tahsildar certainly does not have jurisdiction to decide the application for issuance of caste certificate.

4.

In the light of above, we pass the following order.

5.

The impugned orders are quashed and set aside. The petitioners in addition shall also file online applications for issuance of caste certificates. The Sub Divisional Officer, Tuljapur, District - Osmanabad shall consider the applications of the petitioners on its own merits

3 wp 1829.19+ and shall take decision on its own merits, considering all the relevant aspects of the matter including jurisdiction and shall take decision upon the applications of the petitioners for issuance of caste certificates expeditiously and preferably within a period of two (02) months from the date of receipt of the online applications. 6.

Writ Petitions are disposed of accordingly. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] marathe