Allowed

Sandesh Diliprao Punjarwad v. the State of Mah and Ors.

Bombay HC5 Apr 2010WP/2323/2010

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a rejection of a Scheduled Tribe caste certificate application by the Sub-Divisional Officer, Kinwat. The court held the order invalid due to lack of reasons and quashed it, remanding the matter afresh.

What did the court decide?

Impugned orders of Sub-Divisional Officer and Scrutiny Committee quashed; matter remanded for fresh decision within four weeks.

Sandesh Diliprao Punjarwad Vs the State of… — Pension and Retirement Benefits | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO.2323 OF 2010

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Sandesh s/o Diliprao Punjarwad, Age- minor, Occu-Education, R/o at Kharatwadi, Post - Digras, Tq. Hadgaon, Dist. Nanded, Through father/natural guardian Shri Dilip S/o Raghunathrao Punjarwad, Age : 29 years, Occu.Agri., R/o As above.

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..PETITIONER

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VERSUS

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The State of Maharashtra, Through Secretary Tribal Development Department, Mantralaya, Mumbai

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

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The Sub-Divisional Officer, Kinwat, District - Nanded

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..RESPONDENTS

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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.

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CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ

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DATE : 5th April, 2010

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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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This petition impugns the order passed by the SubDivisional Officer, Kinwat, dated 28.4.2009 rejecting the application filed by the petitioner for issuance of a caste certificate as belonging to "Koli Mahadev" - Scheduled Tribe. We have heard Mr S.M. Vibhute, learned Counsel for the petitioner; Mrs A.V. Gondhalekar, learned A.G.P. on behalf of respondents no.1 & 3 and Mr R.P. Phatke, learned Counsel on behalf of respondent no.2. With the assistance of the learned Counsel for the parties, we have perused the impugned order passed by the Sub-Divisional Officer. The impugned order is bereft of either the reasons or the description of the certificates filed by the petitioner. No reasons are given by the Sub-Divisional Officer as to why the documents filed by the petitioner cannot be relied upon in support of the plea of the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. Some reasons are expected to be passed by the Sub-Divisional Officer while rejecting the application for issuance of the caste certificate. In that light of the matter, therefore, we allow this petition, quash and set aside

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the impugned order passed by the Sub-Divisional Officer, dated 28.4.2009 and consequently the order passed by the Scrutiny Committee in Appeal, dated 21.11.2009 and remit the matter back to the Sub-Divisional Officer, Kinwat for a decision afresh.

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This writ petition is accordingly allowed and Rule is made absolute by quashing the impugned orders and directing the SubDivisional Officer, Kinwat to decide the application of the petitioner afresh in accordance with law within a period of four weeks from today.

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Rule made absolute on the above terms with no order as to costs.

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( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE

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amj/wp2323.10

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Sandesh Diliprao Punjarwad v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Sandesh Diliprao Punjarwad v. the State of Mah and Ors.

Case brief

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What did the court decide?

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