Kiran Vasantrao Ture And Another v. The Sub Divisional Officer Paithan Phulambri

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3586 OF 2019 Kiran D/o Vasantrao Ture & another Petitioners

Versus

The Sub-Divisional Officer Paithan-Phulambri Respondent Mr. G.V. Mohekar, advocate for petitioners.

Mrs. G.L. Deshpande, AGP for respondent.

CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 2nd April, 2019.

P.C. :

Heard learned counsel for the petitioner.

2.

Considering the grievance raised in the petition, by consent, the petition is taken up for disposal at admission stage. 3.

Learned counsel for petitioner submits that petitioner submitted an application for issuance of caste certificate to the competent authority i.e. the Sub-Divisional Officer alongwith all necessary documents and the material supporting the claim of petitioner. Inspite of sufficient material submitted to the authority, the authority, without passing any order, orally declined to issue the certificate in favour of the petitioner.

4.

At this stage, we are not inclined to go into the dispute whether there was oral declination or any order passed. We direct

{2} wp3586.19.odt the Sub-Divisional Officer, Paithan-Phulambri to handover the order passed in respect of the application seeking issuance of certificate within one week from today. Petitioner is at liberty to avail remedy in the form of appeal to the Scrutiny Committee, if petitioner feels aggrieved by the order passed by the Sub-Divisional Officer and if so advised.

5.

With these directions, writ petition stands disposed of. 6.

Learned AGP to communicate the order to the Sub-Divisional Officer, Paithan-Phulambri, forthwith.

NITIN W. SAMBRE PRASANNA B. VARALE JUDGE JUDGE dyb