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Bombay High CourtWP/5052/2021disposed off

Shankar Hausaji Totewad v. The State Of Maharashtra Thr Its Secretary And Others

2021-03-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO.5052 OF 2021 SHANKAR HAUSAJI TOTEWAD

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr Golegaonkar Madhur A. AGP for Respondents State: Mr P K Lakhotiya

CORAM

:

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE :

23rd March, 2021.

ORDER:

1.

Issue notice to respondents. The learned Additional Government Pleader waives notice for respondents. The learned advocate for the petitioner submits that the validation proceeding is pending since 2016. 2.

Upon considering the submissions and perusal of the copy of the certificate the tribe is wrongly spelt in the tribe certificate. In stead of 'Mannervarlu' it is spelled as 'Mannerwarlu'. Unless and until the petitioner gets the tribe certificate with the correct nomenclature and spelling, the validation proceeding can not be decided.

3.

Considering the above we pass the following order. 4.

The Committee shall issue the attested copy of the certificate to the petitioner within two (2) weeks from today. Upon receipt of attested tribe certificate from the Committee, the petitioner shall apply to the Sub Divisional Officer for getting the tribe certificate with the correct spelling within one (1) week. Upon verification of the tribe certificate, the Sub Divisional Officer shall issue the corrected tribe certificate within three(3) weeks from the date of the receipt of application along with attested copy of the tribe certificate from the petitioner. Upon receipt of the corrected tribe certificate the petitioner shall submit

the corrected tribe certificate to the Committee within two (2) weeks. On receipt of the corrected tribe certificate, the Committee shall decide the validation proceeding expeditiously and preferably within a period of six (6) months thereafter. With these observations and directions writ petition is disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC