Bharatbai Kerba Markhelwad vs The State Of Maharashtra And ...
2022 Latest Caselaw 4314 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 4034 OF 2022

 Bharatbai Kerba Markhelwad
 Age : 50 years, Occu. Housewife,
 R/o. Loni, Ta. Degloor,
 Dist. Nanded.                                                   .. Petitioner

          Versus

 1.       The State of Maharashtra
          Through its Secretary
          General Administration Department,
          Mantralaya, Mumbai-32.

 2.       The Scheduled Tribe Certificate
          Scrutiny Committee, Aurangabad
          Through its Deputy Director ®

 3.       District Collector, Nanded,
          Tq. & Dist. Nanded                                     .. Respondents

 Mr. Avinash Suryawanshi, Advocate for the Petitioner.
 Mr. S. P. Tiwari, AGP for Respondents-State.

                               CORAM :    R. D. DHANUKA &
                                          S. G. MEHARE, JJ.

DATED : 25th APRIL 2022.

ORAL JUDGMENT (PER R. D. DHANUKA, J.) :-

. Rule. The learned A.G.P. waives service for the respondents. Rule

made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioner seeks writ of mandamus, order or direction against

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the respondent No. 2 to decide the tribe claim of the petitioner filed on

26.12.2020.

3. The learned A.G.P. on instructions states that the petitioner has

not filed online application for validation of tribe claim.

4. The learned counsel for the petitioner on the other hand submits

that he has filed online application and he will produce the copy of the

said online application before the respondent No. 2 - committee within

a period of one week from today.

5. The learned A.G.P. on instructions states that the tribe claim of

the petitioner will be decided within six months from today. Statement

is accepted.

6. The petitioner is directed to remain present before the

respondent No. 2 - committee on 02.05.2022 at 11.00 a.m. The tribe

claim of the petitioner shall be decided within six months from the date

of appearance of the petitioner before the respondent No. 2 -

committee. The order that would be passed by the respondent No. 2

shall be communicated to the petitioner within one week from the date

of passing of order.

7. During the pendency of the tribe claim of the petitioner, the

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respondents shall not take any coercive steps against the petitioner for

not producing the tribe validity certificate and for a period of three

weeks from the date of communication of the order if the same is

adverse against the petitioner.

8. If the tribe claim of the petitioner is allowed, the tribe validity

certificate shall be issued in favour of the petitioner within one week

from the date of passing of such order.

9. It is made clear that, this Court has not expressed any views on

the merits of the matter. All contentions of the parties are kept open.

10. Writ petition is allowed in above terms. Rule is made absolute

accordingly. No order as to costs.

11. Parties to act upon the authenticate copy of this order.

 ( S. G. MEHARE )                                        ( R. D. DHANUKA )
       JUDGE                                                   JUDGE




 P.S.B.




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