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Bombay High CourtWP/5314/2019disposed offdismissed for default

Dnyaneshwar Somnath Thakur v. The State Of Maharashtra And Others

2019-07-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5314 OF 2019 DNYANESHWAR SOMNATH THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Shirrurkar K. T. AGP for Respondents : Mr. P. S. Patil ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, J.

DATE:

th JULY, 2019 PER COURT:

1.

The proposal of the petitioner for issuance of validity certificate of Thakur, Scheduled Tribe is rejected on the ground that the caste certificate produced by the petitioner refers to the tribe as Hindu-Thakur. According to the Presidential Order, the tribe is only Thakur and not Hindu-Thakur.

2.

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

3.

The petitioner shall get the attested copy of the tribe certificate submitted to the scrutiny

2 wp 5314.19 committee. The scrutiny committee on application of the petitioner shall issue the attested copy of the tribe certificate submitted by the petitioner. The petitioner shall submit the said attested certificate to the concerned Sub Divisional Officer along with application for issuance of fresh tribe certificate. The concerned Sub Divisional Officer shall upon receipt of the attested tribe certificate with incorrect nomenclature of the tribe shall issue the fresh tribe certificate to the petitioner of Thakur within a period of fifteen (15) days from the date of receipt of the application and the attested tribe certificate.

4.

Upon receipt of the corrected tribe certificate, the petitioner may submit the same to the scrutiny committee. The scrutiny committee shall thereafter decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of six (06) months from the date of submission of the corrected tribe certificate.

5.

Writ Petition is accordingly disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe