Dhondu Sahadu Thakur v. The State Of Mah And ORS

1 wp 6018.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6018 OF 2012 Dhondu Sahadu Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Arun H. Koralkar, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 06TH OCTOBER, 2017.

FINAL ORDER :

.

Present writ petition is filed against the order of the Scrutiny Committee rejecting the tribe certificate issued in favour of the petitioner by the Executive Magistrate, Malegaon only on the ground that the petitioner is permanent resident of Chalisgaon.

2.

Mr. Koralkar, the learned counsel for the petitioner submits that, he had approached the competent officer of Chalisgaon for grant of tribe certificate, however, the said application is not accepted.

3.

The tribe certificate of the petitioner is rejected on

2 wp 6018.12 technical ground that is lack of territorial jurisdiction. 4.

As per the Committee, the petitioner is permanent resident of Chalisgaon. The petitioner had approached the competent authority at Chalisgaon, but the competent authority did not accept the said application.

5.

The petitioner shall file application in the proper format with the Sub Divisional Officer, Chalisgaon. On the application being filed by the petitioner in the proper format, the Sub Divisional Officer, Chalisgaon shall decide the same on its own merits within a period of three months from the date of application. In case on merits the Sub Divisional Officer, Chalisgaon issues tribe certificate, then the petitioner shall give proposal to the Committee for verification of said tribe certificate. The writ petition accordingly is disposed of. No costs. Rule discharged.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Oct. 17