Anuradha Balaji Nalamwad Through Grandfather Gangadhar Narayan Puranshettiwar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10693 OF 2018 Anuradha d/o Balalji Nalamwad Age minor, Occ. Education R/o Therban, Tq. Bhokar Dist. Nanded Through grandfather & Power of Attorney Holder Gangadhar s/o Narayan Puranshettiwar age 68 years, occ. retired R/o Gujrati Galli, Tilak Nagar, Dharmabad, Tq. Dharmabad Dist. Nanded Petitioner

Versus

1.

The State of Maharashtra Through its Secretary Tribal Development Department, Mantralaya, Mumbai.

2.

The Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Deputy Director (R) Aurangabad.

3.

The Sub Divisional Officer Bhokar, Dist. Nanded Respondents Mr. B.G. Patnurkar, advocate holding for Mr. S.M. Vibhute, advocate for petitioner.

Mr. P.S. Patil, AGP for all respondents.

CORAM : R.M.BORDE & MANGESH S. PATIL, JJ.

DATE : 25th September, 2018 JUDGMENT : ( Per R.M. Borde, J.)

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Rule. Rule made returnable forthwith.

2.

Heard finally at admission stage with the consent of learned counsel for the respective parties.

3.

Petition bearing Writ Petition No. 5619/2018 presented by real sister of the petitioner has been allowed by this Court by order dated 12.06.2018. For the reasons recorded in the aforesaid writ petition, instant petition also deserves to be allowed and the same is accordingly allowed.

4.

Impugned orders passed by the Sub Divisional Officer as well as respondent no. 2 Scrutiny Committee are quashed and set aside. Respondent no. 3 - Sub Divisional Officer is directed to issue tribe certificate in prescribed proforma as requested by petitioner within a period of one week from today. It is reiterated that the observations made in the aforesaid petition i.e. Writ Petition No. 5619/2018 which are the basis of allowing the instant petition are of a prima facie nature and it would be open for the Scrutiny Committee to arrive at appropriate finding while considering the claim for issuance of validation certificate. 5.

Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs. MANGESH S. PATIL R.M.BORDE JUDGE JUDGE dyb