Gajanan Madhavrao Suryawanshi v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 6142 OF 2017 GAJANAN MADHAVRAO SURYAWANSHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Syed Azizoddin R.

AGP for Resps.State : Mrs. M.A.Deshpande Adv. For resp.no.3 : Mr. G.V.Mohekar .....

CORAM : R.M.BORDE AND K.L.WADANE, JJ.

DATED : 3rd May, 2017 O R D E R :

Liberty to add the Sub-Divisional Officer, Bhokar as well as the Scrutiny Committee as party respondents.

The petitioner shall tender an application for issuance of tribe certificate recording the correct nomenclature of the tribe within a period of seven days from today. On receipt of the application together with original tribe certificate already issued, the Sub-Divisional Officer, Bhokar shall issue the correct tribe certificate without embarking upon any further inquiry into the matter within a periodf of seven

days from the date of receipt of the application. The tribe certificate issued shall be referred to the Caste Scrutiny Committee, Aurangabad together with necessary documents by the petitioner within a period of 15 days from the date of receipt of tribe certificate. The Scrutiny Committee shall accept the documents directly from the petitioner and shall take appropriate decision in the matter in observance of the procedure prescribed under law and rules, as expeditiously as possible, preferably within a period of eight months from the receipt of proposal.

In the mean while, respondent no.3 shall not take any coercive action against the petitioner. In the instant matter, it appears that in spite of specific direction by this Court, respondent no.3 proceeded to issue show cause notice, which amounts to breach of the directions issued by this court. However, since the counsel appearing for the concerned respondent tendered apology, we do not propose to take any action against the concerned respondent.

With the directions as above, the Writ Petition is disposed of.

(K.L.WADANE, J.) (R.M.BORDE, J.) dbm/wp6142.17