Prabhakar Sitaram Shirsath v. The State Of Maharashtra And Another

(1) wp4670.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO. 4670 OF 2022 Mr. Prabhakar S/o. Sitaram Shirsath,...PETITIONER Age-56 years, Occu-Service, Permanent R/o. At and Post of Hated, Tq. Chopda, Dist. Jalgaon At present R/o. E/103 Khadakpada, Kalyan(w), Dist. Thane

VERSUS

1.

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

Joint Commissioner, Scheduled Tribe Certificate Scrutiny, Committee, Nandurbar At Sakri Road, Near RTO, Tq. And Dist. Nandurbar 425 412 Mr.Mohanish V. Thorat, Advocate for the petitioner Mr. S. P. Tiwari, AGP for the respondents/State CORAM:R. D. DHANUKA & S. G. MEHARE, JJ.

DATE:04th May, 2022 JUDGMENT:

1.

Rule. Rule made returnable forthwith.

2.

The learned AGP waives service of notice

(2) wp4670.22.odt for the respondents/State.

3.

The caste claim made by the petitioner is pending since 2011. Though the application was heard finally on 01-02-2021 no order has been passed. On 29-10-2021 the application was closed for orders. Accordingly we direct the respondent No.2 to dispose of the caste claim made by the petitioner by passing an appropriate order within eight weeks from today. The order that would be passed by the respondent No.2 shall be communicated within one week from the date of passing the order. If the caste claim of the petitioner is allowed, caste validity certificate should be issued within one week from the date of passing of order. If it is decided against the petitioner, the petitioner would be at liberty to file appropriate proceedings. The writ petition is allowed. Rule is made absolute in above terms. No order as to costs.

4.

Parties to act upon authenticated copy of this order.

[S. G. MEHARE, J.] [R. D. DHANUKA, J.] VishalK/wp4670.22.odt