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Bombay High CourtWP/7418/2016disposed offdismissed for default

Vaibhavi Sharad Aglawe Minor Through Father Sharad Parashram Aglawe And Another v. The State Of Maharashtra And Another

2016-08-05Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane2 pages

WP 7418/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7418/2016 Vaibhavi Sharad Aglawe, minor, through father Sharad Parasharam Aglawe & another.

...Petitioners..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri P.V. Jadhavar, Advocate for petitioners. Shri V.M. Kagne, AGP for respondent nos.1 & 2. .....

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

DATE: 05.08.2016 ORDER :

1] The applications tendered by the petitioners for issuance of the tribe certificates have been turned down by the Sub Divisional Officer by order dated 3.4.2016. It is informed that the petitioners' father has been issued the validation certificate and as such there was no reason for the Sub Divisional Officer to reject the request made by the petitioners.

2] This Court has time and again issued directions to

WP 7418/16 - 2 - the issuing authorities to issue certificates on consideration of the prima facie material, however, the directions are being breached in most of the matters. 3] In this view of the matter, we dispose of this petition with a direction to the Sub Divisional Officer - respondent no.2 to issue the tribe certificates to the petitioners, as requested by them, as expeditiously as possible and preferably within a period of two weeks from today, and it is accordingly directed.

4] We direct the respondent nos.1 & 2 to deposit the costs of Rs.5,000/- (rupees five thousand only) in this Court. It would be open for the State Government to recover the amount of costs from the concerned officer. (K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c58168.doc