Jaydip Mahendra Thakur And Others Through Father Mahendra Amrut Thakur v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 77 WRIT PETITION NO.13130 OF 2018 JAYDIP MAHENDRA THAKUR AND OTHERS THROUGH FATHER MAHENDRA AMRUT THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners :Mr. Yeramwar Sushant C. Addl.GP for Respondents State: Mr. P. S. Patil

CORAM

: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 11th March, 2019 PER COURT :

1.

Applications filed by the petitioners for issuance of tribe certificate as Tahkur, Scheduled Tribe is rejected. Appeal filed against the same is dismissed.

2.

We have heard the learned Advocate for the petitioners and learned Additional G. P. for the respondents.

3.

It appears that the petitioners' father is issued with the tribe certificate so also petitioners' grandfather is also issued with the tribe certificate. According to the school records of the petitioners, father and grandfather of the petitioners, their caste 1/2

recorded as Thakur.

4.

Be that as it may, the Court is required to be prima facie satisfied. Even otherwise, the tribe certificates issued will have to under go verification at the time of validation proceeding.

5.

Considering the above, the impugned orders are quashed and set aside.

6.

Respondent No.3 shall issue tribe certificates to the petitioners as belonging to Thakur- Scheduled Tribe within a period of four weeks from today, which certificates certainly will have to undergo verification by the Scrutiny Committee.

7.

Writ petition is accordingly disposed of. No costs.

(A. M.DHAVALE,J.) (S.V.GANGAPURWALA, J.) JPC 2/2