Bombay High Court
Ambadas Rameshrao Dornale vs The State Of Maharashtra Through ... on 18 April, 2022
Bench: R.D. Dhanuka, S. G. Mehare
wp3509.22, etc.
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.3509 OF 2022
Ambadas S/o Rameshrao Dornale,
Age : 29 Years, Occ. Nil,
R/o Gonegaon, Tq. Mukhed,
Dist. Nanded ..PETITIONER
VERSUS
1. The State of Maharashtra,
Through Secretary to Tribal
Development Department,
Mantralaya, Mumbai
2. The Sub Divisional Officer,
Degloor, Dist. Nanded ..RESPONDENTS
Mr. S.M. Vibhute, Advocate for petitioner;
Mr. S.P. Tiwari, A.G.P. for respondents
WITH
WRIT PETITION NO.4338 OF 2022
Omkar S/o Govind Pallewad,
Age : 17 years, Occ. Education,
R/o Dhuppa, Tq. Naigaon (Kh),
Dist. Nanded
Through Father and Natural Guardian
Govind S/o Maroti Pallewad
Age : 45 years, Occ. Agri.,
R/o As above ..PETITIONER
VERSUS
1. The State of Maharashtra,
Through Secretary to Tribal
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wp3509.22, etc.
(2)
Development Department,
Mantralaya, Mumbai
2. The Sub Divisional Officer,
Biloli, Dist. Nanded ..RESPONDENTS
Mr. S.M. Vibhute, Advocate for petitioner;
Mr. S. G. Karlekar, A.G.P. for respondents
CORAM : R.D. DHANUKA
AND
S. G. MEHARE, JJ.
DATE : 18th April, 2022
ORAL JUDGMENT (Per R.D. Dhanuka, J.)
1. Rule. Learned A.G.P. waives service for the respondents. Rule
is made returnable forthwith.
2. By these petitions filed under Article 226 of the Constitution of
India, the petitioners have prayed for a Writ of Certiorari for quashing
and setting aside the order dated 20.1.2022 passed by respondent
no.2, seek an order or direction to correct the nomenclature in the
tribe certificates issued to them as "Koli Mahadev", instead of
"Mahadev Koli" and to issue the corrected tribe certificates to the
petitioners in format-C.
wp3509.22, etc.
3. Learned Counsel for the petitioners invited our attention to the
order passed by this Court on 10.2.2020 in Writ Petition No.2412 of
2020, in the case of Eknath Balaji Tekulwar vs. The State of
Maharashtra & anr. and other companion matters and would submit
that the facts of the said case and the instant case being identical,
similar order may be passed by this Court.
4. Learned A.G.Ps. do not dispute that the facts in these petitions
and in Writ Petition No.2412 of 2020 and companion matters are
identical.
5. We accordingly pass the following order:-
The petitioners shall file on-line applications. The petitioners
shall submit the original tribe certificates with incorrect
spelling/incorrect format to the concerned Sub Divisional Officer. The
concerned Sub Divisional Officer after verifying it's record of issuance
of the certificates shall issue the corrected tribe certificates to the
petitioners within a period of six (06) weeks from the date of
production of incorrect tribe certificates.
wp3509.22, etc.
6. Writ Petitions are disposed of in aforesaid terms. No order as
to costs.
(S. G. MEHARE, J.) (R.D. DHANUKA, J.)
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