Dhruvesh S/O Khushal Dongare, ... vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 11450 Bom

2023:BHC-NAG:16262-DB
               WP 7395-23                                    1                 Judgment

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                       NAGPUR BENCH, NAGPUR.

                                     WRIT PETITION NO. 7395/2023

               Dhruvesh S/o Khushal Dongare, Age: 17 years,
               Occu. Student, Minor through natural guardian
               Father Khushal Shankarrao Dongare, Aged about
               52 years, Occupation:Labour, R/o At Post Sultanpur,
               Tah. Nandgaon Khandeshwar, District - Amravati.              PETITIONER

                                               .....VERSUS.....

               1.     State of Maharashtra, Through its Secretary,
                      Social Justice and Special Assistance Department,
                      Mantralaya, Mumbai-32.

               2.     The Sub Divisional Officer, Chandur Railway,
                      Tah. Chandur Railway, Distt. Amravati.              RESPONDENTS

                ________________________________________________________________
                               Shri Ram Karode, counsel for the petitioner.
                 Shri A.M. Deshpande, In-Charge Government Pleader for the respondents.
                ______________________________________________________________________


               CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ.

               DATE     : NOVEMBER 07, 2023.

               ORAL JUDGMENT :          (PER : A.S. CHANDURKAR, J.)



                             RULE.     Rule made returnable forthwith and heard the

               learned counsel for the parties.

2. The petitioner is aggrieved by the communication dated

19.06.2023 rejecting the request for issuance of tribe certificate to the

petitioner.

WP 7395-23 2 Judgment

3. It is the case of the petitioner that his father and

grandfather have been issued tribe certificates of belonging to 'Mana'

Scheduled Tribe. The petitioner as a student sought issuance of such

tribe certificate. The Sub-Divisional Officer by observing that the

documents prior to 1950 had not been submitted refused that request.

The order does not indicate consideration of the tribe certificates of the

father and grandfather of the petitioner.

4. In these facts and in the light of the fact that the

petitioner's father and grandfather have been issued such certificates,

the order dated 19.06.2023 is set aside. It is directed that on the

petitioner submitting all requisite documents, his application for grant

of tribe certificate shall be re-considered by the Sub-Divisional Officer,

Chandur Railway afresh within a period of four weeks of receiving the

copy of this judgment.

5. Rule is disposed of in aforesaid terms. No costs.

Authenticated copy of this judgment be supplied to the

learned In-Charge Government Pleader.

(ABHAY J. MANTRI, J.) (A.S. CHANDURKAR, J.)

APTE

Signed by: Apte Designation: PS To Honourable Judge Date: 08/11/2023 11:37:14