This writ petition challenged an order rejecting a Scheduled Tribe certificate application. The High Court held the impugned order was deficient in reasons and evidence description.
Quashed the impugned orders and remanded the matter to the Sub-Divisional Officer for a fresh decision within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.2322 OF 2010
Avinash s/o Bhimrao Punjarwad, Age-20 Years, Occu-Education, R/o at Kharatwadi, Post - Digras, Tq. Hadgaon, Dist. Nanded ..PETITIONER
VERSUS
Mr S. M. Vibhute, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 & 3; Mr R.P. Phatke, Advocate for respondent no.2.
CORAM : P.V. HARDAS AND
S.V. GANGAPURWALA, JJ
DATE : 5th April, 2010
ORAL JUDGMENT [ PER P.V.HARDAS , J ]
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Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission.
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Committee in Appeal, dated 21.11.2009 and remit the matter back to the Sub-Divisional Officer, Kinwat for a decision afresh.
( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE
amj/wp2322.10
2 issues framed by the court
Whether the impugned order rejecting the caste certificate application is sustainable in the absence of reasons.
Whether the petitioner is entitled to a Scheduled Tribe certificate under the category of Koli Mahadev.
1 provisions across 1 enactments
Avinash s/o Bhimrao Punjarwad
State of Maharashtra, Through Secretary Tribal Development Department
Scheduled Tribe Caste Certificate Verification Committee Aurangabad
Sub-Divisional Officer, Kinwat
P.V. Hardas
S.V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
