Bombay High CourtWP/6630/2017disposed offdismissed for default

Prashant Sheshrao Uppod v. The State Of Maharashtra And Another

2017-06-07Hon'Ble Shri Justice S C Dharmadhikari,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. 6630 OF 2017 PRASHANT SHESHRAO UPPOD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Jadhav Chandrakant A AGP for Respondents: Mr.A.R.Kale ...

CORAM : S.C.DHARMADHIKARI & MANGESH S. PATIL,JJ.

DATE : 07/06/2017 PER COURT :- The petitioner says that a tribe certificate was issued but the name of the tribe has been incorrectly spelled. The petitioner states that the certificate that was issued should have contained name of the tribe as "Mannervarlu" instead the name has been recorded as "Mannerwarlu".

2] Both sides have agreed that in the constitutional entry and in terms of Articles 341 and 342 of the Constitution of India there are no two tribes and with the same nomenclature but differently spelled. There is only one tribe and it is spelled as Mannervarlu. There was a mistake in the description of the tribe in the tribe certificate which the petitioner prays to be corrected and relying on the order passed by this Court in Writ Petition of similar nature, being Writ Petition No.3336/2017 decided on 14/3/2017, however, the authority insisted that the petitioner should also file petition and obtain a similar direction, that is why this petition.

-23] At the hearing of this petition we recorded statement of the learned AGP on instructions that in the event petitioner appears before the Sub Divisional Officer Dharmabad on 12/6/2017, the said S.D.O. will make the necessary corrections and issue a corrected tribe certificate to the petitioner within a period of one week from the date of such appearance. We accept statement made on instructions as an undertaking to this Court. It should be construed as an undertaking given by the officer before whom petitioner shall appear.

4] In the light of this undertaking nothing survives in the Writ Petition. If the petitioner appears the statement and undertaking be complied as above. Petition is disposed of.

(MANGESH S. PATIL,J.) (S.C.DHARMADHIKARI,J.) umg/