Machindra Shivaji Kundale And Another v. State Of Maharashtra And Another

11 wp.2354.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 2354 OF 2015 MACHINDRA SHIVAJI KUNDALE AND ANOTHER

VERSUS

STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners : Mr.P.R.Gaikwad, Advocate h/f Mr.S.M.Kulkarni. AGP for Respondents: Mr.P.N.Mule.

...

CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

02nd March, 2015.

P.C.:

.

The learned counsel for the Petitioners submits that the application is given to Respondent No.2 for issuance of tribe certificate on 23rd September, 2014. As per the provisions of the statute, the application is required to be decided within 45 days. However, no decision has been given on the said application.

The learned AGP states that in case the said application is pending, Respondent No.2 would decide the same, expeditiously, in accordance with law.

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

Respondent No.2 shall decide the application given by the Petitioner for issuance of tribe certificate as belonging to "Koli Mahadeo" Scheduled Tribe, on its own merits, in accordance with law, expeditiously, preferably within two months.

11 wp.2354.15.odt II.

Accordingly, the writ petition is disposed of. No costs.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm