Shivraj Babarao Bhange vs The State Of Maharashtra And ...
2017 Latest Caselaw 8874 Bom

                                           1               W.P.No.12421/17

                                        UNREPORTED

                      IN THE HIGH COURT OF JUDICATURE
                                  AT BOMBAY

                                BENCH AT AURANGABAD.


                           WRIT PETITION NO.12421 OF 2017


          Shivraj S/o Babarao Bhange,
          Age 20 years, Occ.Education,
          R/o Kolheborgaon, Tq.Biloli,
          Dist.Nanded.                 ... Petitioner.

                           Versus

          1. The State of Maharashtra,
          through Secretary to
          Tribal Development Department,
          Mantralaya, Mumbai.

          2. The Scheduled Tribe
          Caste Certificate
          Verification Committee,
          Aurangabad, through its
          Dy.Director (R),
          Aurangabad.

          3. The Sub Divisional
          Officer, Degloor,
          District Nnded.

          4. The Sub-Divisional
          Officer, Biloli,
          District Nanded.                       ... Respondents.

                                   ...
          Mr.S.M.Vibhute, advocate for the petitioner.
          Ms.R.P.Gour, A.G.P. for the State.

                                          ...
                                 CORAM : S.V.GANGAPURWALA AND
                                         S.M.GAVHANE,JJ.

Date : 20.11.2017.

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

1. Rule. Rule returnable forthwith. With

the consent of the learned counsel for the

parties, the petition is taken up for final

hearing.

2. The application made by the petitioner

for issuance of tribe certificate of Koli-Mahadev

- Scheduled Tribe is rejected. Appeal filed

against the same is dismissed. Aggrieved

thereby, the present petition.

3. Heard learned counsel for the

petitioner and learned A.G.P. for the

Respondents.

wp13504

4. Learned counsel for the petitioner

states that the father of the petitioner is

illiterate, as such there is no School record of

the father of the petitioner. The School record

of the petitioner as well as his real brother

depicts caste recorded as Koli-Mahadev -

Scheduled Tribe.

5. There are no other documents on record

than these two documents and one validity

certificate in favour of distant relative of the

petitioner claiming to be from the same fore-

father.

6. Be that as it may, there are no

contrary documents on record. The School record

of the petitioner and his real brother depicts

the caste as Koli-Mahadev. Even the Talathi has

made inspection and has given the report to that

effect.

7. It is trite that at this stage, the

authorities have to be prima facie satisfied.

Even otherwise, the tribe certificate will have

to be undergo acid test during the validation

proceedings before the Scrutiny Committee.

8. Considering above, the impugned orders

are quashed and set aside. The Respondent No.4

shall issue tribe certificate to the petitioner

of Koli-Mahadev - Scheduled Tribe which

certificate certainly will have to be referred to

the Committee for verification. The tribe

certificate shall be issued expeditiously,

preferably within one (1) month.

9. Rule accordingly made absolute in above

terms. No costs.

                        Sd/-                                  Sd/-

               (S.M.GAVHANE,J.)                    (S.V.GANGAPURWALA,J.)




          asp/office/wp12421.17