Shekhar Raju Nikam And Another vs Sub Divisional Officer ...
2016 Latest Caselaw 388 Bom

                                         1                              wp 2638.16




                                                                          
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
                     BENCH AT AURANGABAD




                                                  
                         WRIT PETITION NO. 2638 OF 2016

     1.       Shekhar S/o Raju Nikam,




                                                 
              Age : 20 years, Occu. : Student,
              R/o Nachanwel, Tq. Kannad,
              District Aurangabad.




                                        
     2.       Sharad S/o Raju Nikam,
              Age : 17 Years, Occu. : Student,
                             
              Minor through his natural guardian
              father Raju Kashinath Nikam,
                            
              Age : 45 years, Occu. : Agril.,
              R/o Nachanwel, Tq. Kannad,
              District Aurangabad.                         ..    Petitioners

                       Versus
      
   



     1.       The Sub Divisional Officer,
              Kannad, Dist. Aurangabad.

     2.       Tahsildar Kannad,





              Tq. Kannad, Dist. Aurangabad.                ..    Respondents

     Shri Santosh B. Gastgar, Advocate for the Petitioner.
     Shri V. H. Dighe, A.G.P. for Respondents/State.





                               CORAM : S. V. GANGAPURWALA AND
                                        A. I. S. CHEEMA, JJ.

DATE : 07TH MARCH, 2016.

ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-

. Rule. Rule made returnable forthwith. The learned A. G. P. waives notice for all respondents. Taken up for final hearing

2 wp 2638.16

with consent of parties.

2. Mr. Gastgar, the learned counsel for petitioners submits that, the petitioners have filed applications for issuance of Tribe

Certificate as belonging to Koli Mahadev (Scheduled Tribe). The said applications are made on 10.06.2015, however, the said applications are not yet decided. As per the statute the same is

required to be decided within 45 days from the date of application.

3. We have also heard the learned Assistant Government Pleader for respondents/State.

4. Considering the fact that, the applications for issuance of

tribe certificate are pending, the respondents shall decide the applications for issuance of tribe certificate to petitioners as

belonging to Koli Mahadev (S.T.) on their own merits, in accordance with law expeditiously and preferably within a period of one (01) month from today.

Rule accordingly is made absolute in above terms. No costs.

                  Sd/-                                          Sd/-
      [ A. I. S. CHEEMA, J. ]                  [ S. V. GANGAPURWALA, J. ]
     bsb/March 16