Soham Suryakant Khanapurkar v. The State Of Maharashtra And Another

01wp-12849.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12849 OF 2016 1.

Soham s/o Suryakant Khanapurkar, Age Minor, Occu: Education, Under Guardianship of Suryakant s/o Pundlikrao Khanapurkar, Age 40 years, Occu: Service, R/o Wadi (Bk) Tq. Nanded, Dist.

Nanded ... Petitioner.

VERSUS

1. The State of Maharashtra Through Principal Secretary, Ministry of Tribal Development Department, Mumbai 400 032 2.

The Sub Divisional Officer, Sub Divisional Magistrate, Nanded, Tq. & Dist. Nanded ...

Respondents.

Mr. Omgashad B. Boinwad, Advocate for Petitioner Mr. P. S.Patil, AGP for Respondents State

CORAM

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

DATE :

27th April, 2017 JUDGMENT (Per R. M. Borde, J.):

1.

Rule. Rule made returnable forthwith.

2.

With the consent of the parties, taken up for final disposal.

3.

The application tendered by the petitioner for issuance of tribe certificate certifying that he belongs to "Koli Mahadev" Scheduled Tribe has been 1/2

01wp-12849.odt turned down by the Sub Divisional Officer, Nanded by order dated 22.09.2016.

4.

It is not a matter of dispute that father of the petitioner possesses tribe certificate and also validation certificate issued by the competent scrutiny committee. Inspite of presentation of the copy of the validation certificate of the father, the SubDivisional officer has rejected the application tendered by the petitioner for issuance of tribe certificate. The view adopted by the Sub-Divisional officer is perverse and the order as such deserves to be quashed and set-aside.

5. The order passed by the Sub-Divisional officer is set-aside. Respondents No.2 is directed to issue tribe certificate to the petitioner as requested by him within a period of 2 weeks from today.

6. Rule is made absolute accordingly. There shall be no order as to costs.

(K. L. WADANE, J.) (R. M. BORDE, J. ) JPC 2/2