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Bombay High CourtWP/14605/2019disposed offdismissed for default

Anil Gangadhar Pujarwad v. Sub Divisional Officer Dharmabad And Another

2019-12-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Avinash G. Gharote2 pages

1 945-WP14605-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14605 OF 2019 Anil Gangadhar Pujarwad .. Petitioner

Versus

Sub Divisional Officer Dharmabad and another .. Respondents Mr. Sagar S. Phatale, Advocate for Petitioner. Mr. A. B. Girase, G. P. for Respondents-State. CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 04th DECEMBER, 2019.

PER COURT:- 1.

The learned counsel for the petitioner submits that the application of the petitioner for issuance of tribe certificate is rejected. Appeal filed is also dismissed.

2.

According to the learned counsel, appeal is dismissed basically on the ground that evidence prior to 1950 is not produced. The petitioner had produced the validity certificate issued to the second cousin of the petitioner. The school record of the petitioner and his father records caste as "Mannervarlu". There is no contra evidence brought on record.

2 945-WP14605-19.odt 3.

Learned Government Pleader submits that the relationship of the petitioner with the validity holder relied upon by the petitioner is not established. There are no pre-constitutional documents. 4.

We have considered the submissions.

5.

At this stage of issuance of tribe certificate the authority has to be prima facie satisfied. The long drawn enquiry is not contemplated. The school record of the petitioner and his father records tribe as "Mannervarlu". At least on the record there is no contra evidence, relied either by the committee or the Sub Divisional Officer. 6.

The tribe certificate will have to undergo acid test during the validation proceeding.

7.

In the light of above, the impugned orders are quashed and set aside. The concerned Sub Divisional Officer shall issue tribe certificate to the petitioner of belonging to "Mannervarlu" (Scheduled Tribe) which certificate will have to undergo scrutiny committee in validation proceeding.

8.

Writ petition accordingly is allowed. No costs. ( AVINASH G. GHAROTE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.