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Bombay High CourtWP/4361/2018disposed offdismissed for default

Ashok Pandharinath Mamidwar v. The State Of Maharashtra And Others

2018-05-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4361 OF 2018 ASHOK PANDHARINATH MAMIDWAR ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

...RESPONDENTS Mr. S.M.Vibhute, Advocate for Petitioners Mr.A.V.Deshmukh, A.G.P. for Respondents CORAM : S.V.GANGAPURWALA AND A.M.DHAVALE, JJ.

DATE: MAY 02, 2018 PER COURT :

1.

Issue notice to the respondents. The learned A.G.P. waives notice for respondents.

2.

Mr.Vibhute, learned counsel submits that petitioner was issued with the caste certificate in the year 1992 of 'Koya', Scheduled Tribe. However, the petitioner has lost the original certificate. The petitioner has applied for the copy of the same to the Sub Divisional Officer, Dharmabad,

(2) but is not being issued the copy. Even the office of the Executive Magistrate, Bhokar has issued a communication stating that the original certificate was issued from his office.

3.

Heard the learned A.G.P. The petitioner has to produce the original certificate before the Committee for getting it validated. The petitioner claims to have lost the original and possesses the photo copy of the same.

4.

The application is already made to the Sub Divisional Officer, Dharmapur for getting the fresh/duplicate caste certificate. The Sub Divisional Officer, Dharmapur shall call for the record from the office of the Executive Magistrate, Bhokar regarding issuance of the caste certificate to the petitioner in the year 1992. If the concerned Sub Divisional Officer is satisfied that the concerned Executive Magistrate, Bhokar had issued the caste certificate to the petitioner then shall issue the fresh caste certificate of 'Koya' Tribe. The petitioner shall give an undertaking to the Sub Divisional Officer about the loss of the original certificate issued by the office of Executive Magistrate, Bhokar. Needless to state that the petitioner will not be entitled to use the caste certificate issued by the Executive Magistrate, Bhokar for

(3) any purposes.

5.

With these observations, the writ petition is disposed of. No costs.

(A.M. DHAVALE, J.) (S.V. GANGAPURWALA, J.) mta