← Library
Bombay High CourtWP/8230/2018disposed offdismissed for default

Paramveer Rajendra Saindane Through His Natual Guardian Mother Sau Heera Rajendra Saindane v. The State Of Maharashtra And ANR.

2018-07-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Sunil K. Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 WRIT PETITION NO. 8230 OF 2018 PARAMVEER RAJENDRA SAINDANE THROUGH HIS NATUAL GUARDIAN MOTHER SAU HEERA RAJENDRA

VERSUS

THE STATE OF MAHARASHTRA AND ANR.

...

26 WRIT PETITION NO. 8231 OF 2018 LAVESH SANJAY SAINDANE THROUGH HIS MOTHER MADHURI SANJAY SAINDANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS 27 WRIT PETITION NO. 8232 OF 2018 GOVIND RAJENDRA SAINDANE THRO NATURAL GUARDIAN MOTHERSAU HEERA RAJENDRA SAINDANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER 28 WRIT PETITION NO. 8233 OF 2018 BHAKTI SANJAY SAINDANE THROUGH HIS NATURAL GUARDIAN MOTHER MADHURI SANJAY SAINDAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Wani Girish V.

AGP for Respondents/Sate : Mr. N.T.Bhagat ----- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : JULY 23, 2018

wp8230.18 O R D E R :

Mr. Wani, learned counsel submits that only on the ground that the documents prior to 1950 are not produced, the application of the petitioners is rejected. According to the learned counsel other evidence was produced on record, even the caste certificate is issued in favour of the father and uncle of the petitioner, however, same is not considered and only on the solitary ground the application is rejected.

2.

Learned AGP supports the order.

3.

Time and again we have directed the authority to consider the documents placed on record on its own merits and take decision upon the application filed by the petitioners for issuance of caste/tribe certificate. The authority was required to consider the documents on record on its own merits and could not have rejected only on the ground that

wp8230.18 pre-notification documents are not produced. It is contended by the petitioners that the father of the petitioner has been issued with the tribe certificate.

4.

Be that as it may, the authority would consider the same.

5.

In the light of above, the impugned orders are quashed and set aside. The petitioners are relegated before the Sub-Divisional Officer, Erandol. The petitioner shall appear before the Sub-Divisional Officer on 24.7.2018 and the application shall be decided by 27.7.2018 considering all the documents on record.

6.

Writ Petition is disposed of. No costs.

7.

Authenticated copy is allowed.

[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm