Shubham Laxman Immadwar v. Sub Divisional Officer Kinwat And Another

1 wp 7894.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7894 OF 2019 SHUBHAM LAXMAN IMMADWAR

VERSUS

SUB DIVISIONAL OFFICER, KINWAT AND ANOTHER ...

Advocate for Petitioner : Mr. Phatale Sagar S AGP for Respondents : Mr. P. S. Patil ...

CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE:

rd SEPTEMBER, 2019 PER COURT:

1.

On the ground that there are no documents on record to confirm the petitioner is belonging to Mannervarlu, Scheduled Tribe, the application filed by the petitioner for issuance of tribe certificate, so also, the appeal filed before the committee is rejected.

2.

In the present writ petition, the petitioner has produced the tribe certificate issued to Imadwar Ramayya Ushanna. According to the learned counsel for the petitioner, he is the real uncle of the petitioner. The said document was not

2 wp 7894.19 placed before the committee.

3.

The learned A.G.P. submits that the authority will have to verify the said document.

4.

Considering the above, we quash and set aside the impugned orders and relegate the petitioner before the Sub Divisional Officer. The Sub Divisional Officer shall confirm about tribe certificate issued to the real uncle of the petitioner as would be produced by the petitioner before the Sub Divisional Officer. If the authority confirms that the real uncle of the petitioner is issued with the tribe certificate of Mannervarlu, Scheduled Tribe, then the Sub Divisional Officer shall issue tribe certificate to the petitioner of Mannervarlu, Scheduled Tribe. The proceeding shall be decided within a period of six (06) weeks.

5.

Writ Petition stands accordingly disposed of. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] marathe