← Library
Bombay High CourtWP/4395/2019disposed offdismissed for default

Vaishnav Saylu Sheklod And Another Through Father Sayalu Maroti Sheklod v. The State Of Maharashtra And Another

2019-04-24Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4395 OF 2019 1.

Ma. Vaishnav Saylu Sheklod Age- Minor, Occupp- Education 2.

Ku. Snehal Saylu Sheklod Age Minor, Occupp-Education, (UG of, father, Sayalu Maroti Sheklod R/o Daryapur, Taq.-Biloli Dist. Nanded.

..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through its Secretary, Social Welfare Department, Mantralaya, Mumbai 2.

The Deputy Collector, (Land Acquisition) Office of the Collector, Nanded, District- Nanded ..RESPONDENTS Mr R.B. Dhakane, Advocate for petitioners;

Mrs V.S. Choudhari, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 24th April, 2019 ORAL ORDER:

Heard learned counsel for the petitioners.

2.

The petitioners are the students prosecuting their studies. The tribe certificates had been issued in favour of the petitioners by the Deputy Collector (Land Acquisition), Nanded on 14th August, 2013.

(2) As there was an error in the certificates referring to the status of the petitioners and instead of letter 'V' it was spelled as 'Mannerwarlu' with letter 'W', the petitioners' father submitted an application to respondent No.2 - Deputy Collector (Land Acquisition), Nanded, seeking fresh certificates with a proper nomenclature. 3.

Our attention was invited to the Government Circular dated 22nd June, 2016. It is also submitted by the learned Counsel for the petitioners that this very issue of the spelling error was considered by this Court in the judgment and order dated 4th February, 2016, in Writ Petition No.1242 of 2016 and Writ Petition No.1418 of 2016. Learned Counsel submitted that the petitioners are also aware of the new procedure, namely, submission of on-line application to the Deputy Collector for issuance of tribe certificate and the petitioners are ready to undertake the exercise of submission of application by way of on-line process. It is further submitted that as the petitioners are in need of tribe certificates to pursue their further education, respondent No.2 be directed to issue tribe certificates expeditiously. 4.

Our attention was invited to the order of this Court dated 27th November, 2018, in Writ Petition No.12472 of 2018. We see no reason to take a different view than the view adopted by the Division Bench of this Court in its order dated 27th November, 2018.

(3) 5.

The petitioners undertake to tender on-line applications to the Deputy Collector,(Land Acquisition), Nanded for issuance of tribe certificates within one week.

6.

On tendering of the application as well as presentation of the hard copy of the applications to the Deputy Collector along with the tribe certificates already issued to the petitioners, recording entry of the tribe as 'Mannerwarlu', the Deputy Collector shall, without embarking upon further enquiry into the matter, issue corrected tribe certificates, recording name of the tribe as 'Mannervarlu', as expeditiously as possible and preferably within eight weeks from the date of tendering the applications.

With the above directions, the Writ Petition is disposed of. (NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) Tupe