Durgesh Chandrakant Koli v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 151 WRIT PETITION NO. 8647 OF 2021 Akashta Dilip Sonawane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mrs. V. N. Patil-Jadhav, AGP for Respondent Nos. 1 to 3. 152 WRIT PETITION NO. 8648 OF 2021 Pritam Dilip Sonawane .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 to 3. 153 WRIT PETITION NO. 8649 OF 2021 Durgesh Chandrakant Koli .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 23rd AUGUST, 2021.

2 151-wp 8647-2021+.odt PER COURT:- .

The petitioners in Writ Petition No. 8647 of 2021 and Writ Petition No. 8648 of 2021 are real brother and sisters whereas, petitioner in Writ Petition No. 8649 of 2021 is a cousin brother. 2.

The applications for issuance of tribe certificates are rejected. Appeals filed against the same are dismissed. 3.

The father of the petitioners in Writ Petition No. 8647 of 2021 and Writ Petition No. 8648 of 2021 is issued with the tribe certificate of 'Tokre Koli' (Scheduled Tribe). The applications are rejected basically on the ground that in the grandfather's school record the entry appears to be Hindu Koli.

4.

The school record of the petitioners, their father and uncle records tribe as 'Tokre Koli'.

5.

The father of the petitioners in Writ Petition No. 8647 of 2021 and Writ Petition No. 8648 of 2021 is already issued with the tribe certificate of 'Tokre Koli' (Scheduled Tribe). At this stage, prima facie satisfaction is necessary. Even tribe certificate will have to undergo the acid test after the proposal is sent for verification before the scrutiny committee. As the father of the petitioners in Writ Petition No. 8647 of 2021 and Writ Petition No. 8648 of 2021 is issued with the tribe

3 151-wp 8647-2021+.odt certificate, so also considering the school record of the father, uncle and the petitioners, the impugned orders are quashed and set aside. The concerned Sub Divisional Officer shall issue tribe certificates of ' Tokre Koli' (Scheduled Tribe) to the petitioners expeditiously and preferably within a period of two (02) weeks from today. 6.

Writ petitions are disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.