Dnyaneshwar Vitthal Govindwar Through Father Vitthal Mallanna Govindwar v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2774 OF 2019 Dnyaneshwar Vitthal Govindwar, Age: Minor, Occu: Student, Under guardian of father Vitthal Mallanna Govindwar, Age: 40 years, Occu: Agri., R/o. Sawarmal, Tq. Mukhed, Dist. Nanded ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2.

The Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded ..RESPONDENTS Mr Pratap V. Jadhavar, Advocate for petitioner; Mr K. N. Lokhande, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019 ORAL ORDER :

Heard learned Counsel appearing on behalf of the petitioner.

(2) 2.

As limited prayer is made in the petition, the petition is taken up for disposal at admission stage. Issue notice to the respondents, returnable forthwith. Learned A.G.P. waives service of notice for both the respondents.

3.

The petitioner is a student prosecuting his studies in technical education in 11th standard. The caste certificate was issued in favour of the petitioner on 10th July, 2012 through the office of Deputy Collector (L.A.), Nanded stating that the petitioner belongs to 'Mannerwarlu, Scheduled Tribe'. The petitioner finds that as there is an error in the certificate and nomenclature ought to have been 'Mannervarlu', submitted application to the Sub Divisional Officer, Sub Division, Degloor on 30th January, 2019.

4.

Learned Counsel for the petitioner submitted that the issue is no more res integra, as time and again the Division Bench directed the authorities to issue fresh caste certificate without insisting

(3) for thorough and in depth inquiry.

5.

Learned Counsel for the petitioner was justified in making submission on the backdrop of the orders passed by this Court time and again. The application is pending before the Sub Divisional Officer, Sub Division, Degloor and copy of the same is paced on record at Exhibit-B. The application is received by the office of the Sub Divisional Officer on the same day i.e. 30th January, 2019. 6.

Accordingly, the petition is disposed of, with directions to respondent No.2 - Sub Divisional Officer, Degloor to issue caste certificate to the petitioner with corrected nomenclature as early as possible and not later than four (4) weeks from today.

7.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe