Soham Suryakant Khanapurkar vs The State Of Maharashtra And ...
2017 Latest Caselaw 2061 Bom

                                                                     01wp-12849.odt
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD
                         WRIT PETITION NO.12849 OF 2016

1.      Soham s/o Suryakant Khanapurkar, ... Petitioner. 
        Age Minor, Occu: Education,
        Under Guardianship of Suryakant 
        s/o Pundlikrao Khanapurkar,
        Age 40 years, Occu: Service, R/o 
        Wadi (Bk) Tq. Nanded, Dist. 
        Nanded

        VERSUS

1.  The State of Maharashtra
    Through Principal Secretary,
    Ministry of Tribal Development 
    Department, Mumbai 400 032

2.      The Sub Divisional Officer,                    ...       Respondents.
        Sub Divisional Magistrate, 
        Nanded, Tq. & Dist. Nanded


Mr. Omgashad B. Boinwad, Advocate for Petitioner
Mr. P. S.Patil, AGP for Respondents State

                                    CORAM   :  R. M. BORDE & 
                                                K. L. WADANE, JJ.
                                     DATE   :   27th April, 2017

JUDGMENT (Per R. M. Borde, J.):                        

1. Rule. Rule made returnable forthwith.

2. With the consent of the parties, taken up for

final disposal.

3. The application tendered by the petitioner for

issuance of tribe certificate certifying that he

belongs to "Koli Mahadev" Scheduled Tribe has been

01wp-12849.odt turned down by the Sub Divisional Officer, Nanded by

order dated 22.09.2016.

4. It is not a matter of dispute that father of

the petitioner possesses tribe certificate and also

validation certificate issued by the competent scrutiny

committee. Inspite of presentation of the copy of the

validation certificate of the father, the Sub-

Divisional officer has rejected the application

tendered by the petitioner for issuance of tribe

certificate. The view adopted by the Sub-Divisional

officer is perverse and the order as such deserves to

be quashed and set-aside.

5. The order passed by the Sub-Divisional officer is

set-aside. Respondents No.2 is directed to issue tribe

certificate to the petitioner as requested by him

within a period of 2 weeks from today.

6. Rule is made absolute accordingly. There shall be

no order as to costs.

(K. L. WADANE, J.) (R. M. BORDE, J. )

JPC