Dhruvesh S/O Khushal Dongare, Minor Thr. Natural Guardian, Father, Khushal Shankarrao Dongare v. State Of Maharashtra, Thr. Secretary, Social Justice And Special Assistance Dept., Mumbai And ANR

2023:BHC-NAG:16262-DB WP 7395-23 Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

/20 Dhruvesh S/o Khushal Dongare, Age: 17 years, Occu. Student, Minor through natural guardian Father Khushal Shankarrao Dongare, Aged about 52 years, Occupation:Labour, R/o At Post Sultanpur, Tah. Nandgaon Khandeshwar, District - Amravati. PETITIONER .....VERSUS.....

1.

State of Maharashtra, Through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai-32.

2.

The Sub Divisional Officer, Chandur Railway, Tah. Chandur Railway, Distt. Amravati.

R ESPONDENTS ________________________________________________________________ Shri Ram Karode, counsel for the petitioner.

Shri A.M. Deshpande, In-Charge Government Pleader for the respondents. ______________________________________________________________________ CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ. DATE : NOVEMBER 07 , 202 3 .

ORAL JUDGMENT :

(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

The petitioner is aggrieved by the communication dated 19.06.2023 rejecting the request for issuance of tribe certificate to the petitioner.

WP 7395-23 Judgment 3.

It is the case of the petitioner that his father and grandfather have been issued tribe certificates of belonging to 'Mana' Scheduled Tribe. The petitioner as a student sought issuance of such tribe certificate. The Sub-Divisional Officer by observing that the documents prior to 1950 had not been submitted refused that request. The order does not indicate consideration of the tribe certificates of the father and grandfather of the petitioner.

4.

In these facts and in the light of the fact that the petitioner's father and grandfather have been issued such certificates, the order dated 19.06.2023 is set aside. It is directed that on the petitioner submitting all requisite documents, his application for grant of tribe certificate shall be re-considered by the Sub-Divisional Officer, Chandur Railway afresh within a period of four weeks of receiving the copy of this judgment.

5.

Rule is disposed of in aforesaid terms. No costs. Authenticated copy of this judgment be supplied to the learned In-Charge Government Pleader.

(ABHAY J. MANTRI, J.) (A.S. CHANDURKAR, J.) APTE