Sheru Ramesh Tappawar v. The State Of Maharashtra And Others

1 wp 4358.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4358 OF 2018 SHERU RAMESH TAPPAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Vibhute Sunil M. AGP for Respondents : Mr. Y. G. Gujrathi ...

CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th MARCH, 2019 PER COURT :

1.

The application filed by the petitioner for issuance of tribe certificate of Koli Mahadev, Scheduled Tribe is rejected. The appeal filed against same is dismissed. Aggrieved thereby the present petition.

2.

We have heard Mr. Vibhute, learned counsel for the petitioner and the learned A.G.P. for the respondents.

3.

The petitioner has produced before this Court

2 wp 4358.18 the school record of his real brother and also school record of Raju Gangaram and Chandar Gangaram whom the petitioner claim to be the real uncles. It further appears that the father of the petitioner namely Ramesh Gangaram is issued with the tribe certificate on 05.11.1993 and the grandfather of the petitioner Gangaram is also issued with the tribe certificate on 13.08.1993. 4.

At this stage, the authorities have to be prima facie satisfied. The tribe certificate naturally have to undergo scrutiny by the committee at the time of validation proceeding. 5.

In the light of above, considering the tribe certificate issued to the father and grandfather of the petitioner, so also, the school record of the petitioner, his real brother and two uncles as claimed by the petitioner the impugned orders are quashed and set aside. Respondent no. 3 shall issue tribe certificate to the petitioner of Koli Mahadev, Scheduled Tribe within four (04) weeks

3 wp 4358.18 from today which certificate shall have to undergo scrutiny by the committee at the time of validation proceeding.

6.

Writ Petition stands disposed of accordingly. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe