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Bombay High CourtWP/3950/2022rule absolute

Hanuman Ganpat Yadpalwar v. The State Of Maharashtra And Others

2022-04-28Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice S. G. Mehare2 pages

918-WP-3950-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3950 OF 2022 Hanuman s/o. Ganpat Yadpalwar, Age 23 years, Occu. Student, R/o. At Post Jarkot, Taluka Dharmabad, District Nanded At present R/o. Vasantrao Naik Marathwada Krushi Vidyapith, Parbhani, Taluka and District Parbhani.

..

Petitioner

Versus

1.

The State of Maharashtra Through it's Secretary, Social Welfare Department, Mantralaya, Mumbai 2.

The District Collector, Nanded 3.

The Divisional Scheduled Tribe Caste Scrutiny Committee, In front of CIDCO Bus-Stand, Town Centre, CIDCO, Aurangabad 4.

Sub-Divisional Officer, Dharmabad, Taluka Dharmabad, District Nanded ..

Respondents ...

Mr. G. J. Karne h/f. Mr. S. B. Chavan, Advocate for Petitioner Mr. K. N. Lokhande, A.G.P. for Respondents ...

CORAM :

R. D. DHANUKA & S. G. MEHARE, JJ.

DATE :

28-04-2022 ORAL ORDER :- .

Leave to amend to implead Sub Divisional Officer, Dharmabad, Taluka Dharmabad, District Nanded as respondent no. 4 in the petition is granted. Amendment to be carried out forthwith.

918-WP-3950-22.odt 2.

Rule. Learned A.G.P. waives service of notice for respondents. Rule made returnable forthwith. Heard finally with consent of the parties.

3.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of mandamus against the respondent No. 4 to issue fresh caste certificate in favour of petitioner as "Mannervarlu" instead of "Mannerwarlu" and the name of petitioner's father as "Ganpat" instead of "Ganpati" and issue the corrected certificate.

4.

We have perused the documents produced by the petitioner. The name of petitioner's father is "Ganpat" and not "Ganpati". There appears to be mistake in the name of father in the caste certificate annexed at Exhibit - "A", page-12, and it certifies that the petitioner belongs to "Mannerwarlu". It is submitted that caste of the petitioner is also inadvertently mentioned as "Mannerwarlu" instead of "Mannervarlu", and thus, the same shall be corrected. 5.

We accordingly direct the respondent No. 4 - Sub Divisional Officer, Dharmabad, District Nanded to issue fresh caste certificate in favour of petitioner as belonging to "Mannervarlu" within four (4) weeks from today without fail and by correcting the name of the father as Ganpat.

6.

The writ petition is allowed in aforesaid terms. No order as to costs.

7.

Rule is made absolute in aforesaid terms.

8.

The parties shall act on the authenticate copy of this order. ( S. G. MEHARE ) ( R. D. DHANUKA ) JUDGE JUDGE rrd