Sadhana Ramchandra Rokade v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12481 OF 2017 Sadhana Ramchandra Rokade ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents Mr.P.V. Jadhavar, Advocate for the petitioner. Mr.S.B. Pulkundwar, A.G.P. for respondent/State. CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

12.10.2017 P.C. :- 1.

Mr. Jadhavar, learned Counsel seeks leave to delete respondent Nos. 4 and 5. Leave granted. 2.

Mr. Jadhavar, learned Counsel submits that the S.D.O., Shrirampur had issued tribe certificate to the petitioner of Koli Mahadev - Scheduled Tribe. However, in the certificate, the S.D.O. had mentioned the tribe as Mahadev Koli. This Court in Writ Petition No. 10607 of 2016 under order dated 17.01.2017, had directed the S.D.O., Shrirampur to issue tribe certificate in the correct name of Koli Mahadev. Subsequently, the S.D.O., inspite of order of this Court, rejected the application on the ground of territorial jurisdiction.

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We also heard learned A.G.P.

4.

It is observed that the S.D.O., Shrirampur had earlier issued tribe certificate to the petitioner. The nomenclature of the tribe was incorrectly mentioned. This Court had directed the S.D.O., Shrirampur to issue tribe certificate with the correct nomenclature of the tribe. In view of that it was not open for the S.D.O., to a again embark upon any other enquiry. It is for the Committee to enquire the said aspect after hearing the petitioner.

5.

In the light of above, the impugned order is quashed and set aside. The S.D.O., Shrirampur shall issue tribe certificate to the petitioner of Koli Mahadev - Scheduled Tribe expeditiously, preferably within one month.

6.

The writ petition stands disposed of. No costs. [S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2017/ 17/ snk OCT wp12481.17