Prashantkumar Pandurang Lendewad And Another Through Father Pandurang Ramji Lendewad v. The Sub Divisional Officer Bhokar And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6521 OF 2018 Prashantkumar Pandurang Lendewad, Age: 16 years (minor), occu: education, Praveenkumar Pandurang Lendewad Age: 17 years Occu: education through natural guradian i.e. father Pandurang Ramji Lendewad Age: 47 years, occu: service, R/o Pimpalkauatha, Tq. Mukhed Dist. Nanded Petitioners

Versus

Sub Divisional Officer, Bhokar, Tq. Bhokar, Dist. Nanded Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary Respondents Mr. S.S. Phatale advocate for the petitioners Mrs. M.A. Deshpande, Additional Government Pleader for respondents ...

CORAM : R.M. BORDE AND A.M. DHAVALE, JJ Date : 26TH JUNE, 2018

{2} ORAL JUDGMENT (Per: R.M. Borde, J) Heard.

Rule. With the consent of the parties, petition is taken-up for final decision at admission stage.

The request of the petitioners for issuance of tribe certificate certifying that they belong to Manervarlu, scheduled tribe has been turned down by the Sub-divisional Officer and the said order has been confirmed by the scrutiny committee. The petitioners contend that the basic record such as entry in the own school record as well as the school record of their father records the tribe of the petitioners as Manervarlu. The father of the petitioners as well as their cousin brother are in receipt of tribe certificates issued by the competent authority. The report of the local inquiry conducted by the revenue official also supports the claim of the petitioners.

According to us, there is a prima-facie material available with the petitioners, facilitating them to claim tribe certificate from the competent authority. It has been recorded by this Court in several orders that, the tribe certificates shall have to be

{3} issued on the basis of prima-facie material and a detail enquiry is contemplated at the stage of issuance of validation certificate. In this view of the matter, writ petition deserves to be allowed and the same is accordingly allowed. The orders passed by the Sub Divisional Officer as well as the scrutiny committee are quashed and set aside. The Respondent No.1 Sub Divisional Officer is directed to issue the tribe certificate, certifying that the petitioners belong to Manervarlu, scheduled tribe, as expeditiously as possible and preferably within a period of two months from today.

Rule is made absolute accordingly.

There is no order as to costs.

(A.M. DHAVALE, J) ( R.M. BORDE, J ) vbd