Aakanksha Gangadhar Totlod And Another Through Father Gangadhar Yadavrao Totlod v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2747 OF 2019 1.

Aakansha D/o Gangadhar Totlod, Age: Minor, Occ: Education, R/o. Atkur, Tq. Dharmabad, Dist. Nanded, Through father/natural guardian Gangadhar S/o Yadavrao Totlod, Age: 41 years, Occ: Agri., R/o. As above.

2.

Anisha D/o Gangadhar Totlod, Age: Minor, Occ: Education, R/o. Atkur, Tq. Dharmabad, Dist. Nanded, Through father/natural guardian Gangadhar S/o Yadavrao Totlod, Age: 41 years, Occ: Agri., R/o. As above.

..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through Secretary to Triabal Development Department, Mantralaya, Mumbai 2.

The Sub Divisional Officer, Dharmabad, Dist. Nanded ..RESPONDENTS Mr Sunil M. Vibhute, Advocate for petitioner; Mr K.N. Lokhande, A.G.P. for respondent/State; CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019

(2) ORAL ORDER :

Heard Mr. Vibhute, learned Counsel appearing for the petitioners.

2.

On the backdrop of principal prayer in the petition i.e. prayer clause - B - "The respondent No. 2 Sub Divisional Officer may kindly be directed to correct the nomenclature of the Tribe in the Tribe Certificate of the petitioners as 'Mannervarlu' in stead of 'Mannerwarlu', and issue such corrected Tribe Certificate in prescribed format to the petitioners having proper nomenclature as 'Mannervarlu' Tribe, as early as possible" and as this aspect is considered by this Court in various judgments, the petition is disposed of at admission stage. Issue notice to the respondents, returnable forthwith. Learned A.G.P. waives service of notice for both the respondents. 3.

Petitioner No.1 is studying in 11th (Science) Class and petitioner No.2 is studying in

(3) 8th class and willing to take benefits of Scheduled Tribe category in future education. The tribe certificate issued in favour of the petitioners by the Deputy Collector, Nanded dated 1st April, 2013 are placed on record at Exhibit-A collectively to submit that as there was an error in the certificate referring the status of the petitioners and in stead of letter 'V', it was spelled 'W', the petitioners submitted the applications to Sub Divisional Officer, Dharmabad, District Nanded for issuance of fresh certificate in format-C with correct nomenclature.

4.

Reliance is placed on the order of this Court dated 21st February, 2019 in Writ Petition No. 2457 of 2019.

5.

The petitioners undertake to tender on line applications to the Sub Divisional Officer for issuance of tribe certificate within one week. 6.

On tendering of the applications as well

(4) as presentation of the hard copy of the applications to the Sub Divisional Officer along with the tribe certificate already issued to the petitioners recording entry of the tribe as 'Mannerwarlu', the Sub Divisional Officer shall, without embarking upon further enquiry into the matter, issue corrected tribe certificates recording name of the tribe as 'Mannervarlu', as expeditiously as possible and preferably within eight weeks from the date of tendering the applications.

7.

With these directions, the petition is disposed of.

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