Bombay High Court
Hanmnlu Gangaram Niradi vs The State Of Maharashtra And ... on 7 August, 2017
Bench: R.M. Borde
(1) wp8498.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8498 OF 2017
Hanmnlu s/o. Gangaram Niradi .. Petitioner
Age.53 years, Occ. Service,
R/o. At Post Kundalwadi
Tq. Biloli, Dist. Nanded.
Versus
1. The State of Maharashtra .. Respondents
Through Secretary to
Tribal Development Deptt.,
Mantralaya, Mumbai.
2. The Scheduled Tribe Certificate
Verification Committee, Aurangabad
Through its Deputy Director [R],
Aurangabad.
3. The B.E.O. Officer, Panchayatsamiti,
Naigaon, Tq. Naigaon,
Dist. Nanded.
4. The Sub-Divisional Officer Biloli,
Tq. Biloli, Dist. Nanded.
Mr.Prasad Jadhav h/f. Mr. C.A. Jadhav, Advocate for the
petitioner.
Mr.P.S. Patil, A.G.P. for respondent/State.
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CORAM : R.M. BORDE &
S.M.GAVHANE,JJ.
DATED : 07.08.2017
ORAL JUDGMENT [PER : R.M. BORDE,J.] :-
1. Heard. Leave granted to correct the prayer
clause.
2. Rule. With the consent of the parties, petition
is taken up for final disposal at the stage of admission.
3. This petition is taking exception to the
decision rendered by the Scrutiny Committee directing
invalidation of Tribe Certificate issued to the
petitioner as belonging to "Koli-Mahadev" - Scheduled
Tribe on technical ground of occurrence of spelling
mistake in recording name of the Tribe in the Certificate
issued to the petitioner by the Sub-Divisional Officer,
Biloli on 14.07.1982.
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4. The issue raised in the instant matter is no
more res-integra and is covered by the decision rendered
in Writ Petition No.6263 of 2017 and other companion
matters. For the reasons recorded in the judgment
referred to above, the instant petition also deserves to
be allowed and the same is accordingly allowed.
5. The order impugned in this petition stands
quashed and set aside. The Scrutiny Committee is
directed to return the original Tribe Certificate
produced by the petitioner before it, within four weeks
from today. The petitioner shall tender an undertaking
to the Scrutiny Committee that he would approach the
concerned competent authority for ratifying the spelling
mistake occurred in recording name of the Tribe and shall
produce corrected certificate within a period of eight
weeks from the date of receipt of the original
certificate. The petitioner shall approach the Sub-
Divisional Officer, Biloli for recording corrections in
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the Certificate already issued to him. The Sub-
Divisional Officer, Biloli shall issue corrected
certificate within a period of four weeks from the date
of approach of the petitioner, without embarking upon
further enquiry in the matter. On receipt of corrected
Certificate, same shall be produced before the Scrutiny
Committee within a period of four weeks from the date of
receipt. The Scrutiny Committee shall thereafter proceed
to decide the claim of the petitioner for validation of
the Tribe Certificate and render decision on the proposal
within a period of one year from the date of receipt of
corrected Certificate together with the proposal. It
would be open for the petitioner to tender the corrected
Certificate and the proposal directly to the Scrutiny
Committee and the Scrutiny Committee shall entertain the
same.
6. Rule is made absolute accordingly in above
terms. There shall be no order as to costs.
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7. In the meanwhile, no coercive action be taken
against the petitioner merely on the ground of
invalidation of Tribe Certificate on technical ground.
[S.M.GAVHANE,J.] [R.M.BORDE,J.]
snk/2017/AUG17/wp8498.17
