Chaitanya Madhav Shinde Through Father Madhav Hari Shinde v. Sub Divisional Officer Kandhar And Another

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4479 OF 2018 Chaitanya Madhav Shinde Age: Minor, Occ: Education, Through natural guardian i.e. Father Madhav Hari Shine Age: 43 years, Occ: Worker R/o, Pethwadaj Tq. Kandhar, Dist. Nanded ..

Petitioner

Versus

1.

Sub Divisional Officer, Kandhar, Tq. Kandhar, Dist. Nanded.

2.

Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary ..

Respondents Shri. S. S. Phatale, Advocate for Petitioner. Shri. P. S. Patil, Addl. G.P. for Respondents.

( 2 ) CORAM : S.V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATED : 3 rd May, 2018 ORAL JUDGMENT (Per S.V.Gangapurwala,J.) .

Rule.

2.

Learned Additional Government Pleader waives service of Rule for Respondents.

3.

Rule made returnable forthwith with the consent of the learned counsel for the parties heard finally.

4.

The application filed by the petitioner for issuance of caste certificate as belonging to 'Thakur', Scheduled Tribe is rejected. Appeal filed against the same is dismissed. Aggrieved thereby the present petition. 5.

We have heard Mr. Phatale, the learned advocate for the petitioner and Mr. Patil, the learned Addl. G. P.

6.

It appears that the father of the petitioner and the real brother are issued with tribe certificate of 'Thakur', Scheduled Tribe real uncle of the

( 3 ) petitioner has been issued with the validity certificate of 'Thakur' Scheduled Tribe. At this stage, the authorities have to be prima facie satisfied. 7.

Considering the above, the impugned orders are quashed and set aside. The Respondent No. 1 shall issue the tribe certificate to the petitioner of 'Thakur', Scheduled Tribe which certificate will have to undergo verification by the Committee. Rule made absolute accordingly in above terms. No costs.

[ A. M. DHAVALE, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 4479.18