Disposed

Shri. Yuvraj Vasantrao Desai v. the Dy. Collector (Caste Certificate), Rajeshri Shahu Suvidha Kendra and Anr.

Bombay HC23 Jul 2014WP/5495/2014

Case brief

AI extract

What is this about?

Petitioner aggrieved by delay in caste certificate approval and refusal of earlier order. Court accepted administrative explanation for delay and issued fresh order directing disposal of application within six weeks.

What did the court decide?

Petition disposed; direction to Sub Divisional Officer to decide fresh caste certificate application within six weeks.

Shri. Yuvraj Vasantrao Desai Vs the Dy. Collector… — Writ and Judicial Review | Bombay HC (2014)

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION No. 5495 of 2014.

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Yuvraj Vasantrao Desai

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..Petitioner.

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State of Maharashtra and others

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..Respondents.

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Mr A.S. Patil for the Petitioner. Mr V.S. Gokhale, AGP for the Respondents.

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CORAM : A.S. OKA AND A.S.CHANDURKAR,JJ. DATE : 23rd July, 2014.

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P.C.:

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Heard the learned Counsel appearing for the Petitioner, learned AGP appearing for the respondents. After perusing the Government Resolution dated 11^th September,2012, the learned Counsel for the petitioner states that on 13^th October, 1967 his father was a resident of a place which is within Bhudargad Taluka of Kolhapur District. He states that as on that date, his father was a permanent resident of said taluka, he will make a fresh application to the Sub Divisional Magistrate having jurisdiction over Taluka Bhudargad, District Kolhapur.

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The grievance in this petition is that the application made by the petitioner on 15^th January, 2013 for grant of a caste certificate was kept pending for inordinately long time. It is pointed out that only after this Court passed order dated 17^th June,2014, the application made by the petitioner was decided. Other grievance is that the order of this Court sent by the petitioner to the Sub Divisional Officer, Karvir Division, Kolhapur was not accepted and was refused.

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Today, there is an affidavit filed by Shri Prashant Sumantrao Patil, Sub Divisional Officer, Sub Division Karvir, Kolhapur. He stated that in the year 201213 his office received 22473 applications for issuance of caste certificates through Rajharshi Shahu Suvida Kendra. He states that in the year 201314, 40251

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applications were received out of which 7521 applications were for issuing caste certificates. Apart from that, a large number of applications were received for issuance of non creamy layer certificates. In paragraph 3 of the said affidavit, it is stated that his office consists of himself, one Naib Tahsildar, one Awwal Karkoon and three Clerks. It is stated that it was not possible for his office to dispose of applications made in thousands. He stated that the letter addressed by the petitioner was sent at incorrect address. It was sent at the address of Rajharshi Shahu Suvida Kendra and his office is situated elsewhere at Juna Rajwada, near Mahalaxmi Temple, Kolhapur. It is stated that the distance between the Rajharshi Shahu Suvida Kendra and his office is about 5 kilometers.

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We accept the explanation offered by Shri Prashant Sumantrao Patil in his affidavit. Considering the explanation offered, we find that no case is made out for awarding costs.

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Hence, we dispose of the petition by passing following order:

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ORDER :

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A) The petition is disposed of;

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B) It will be open for the petitioner to make a fresh application for grant of a caste certificate to the Sub Divisional Officer having jurisdiction over Taluka Bhudargad, District Kolhapur;

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C) If such application is made, considering the peculiar facts of the case, SubDivisional Officer shall decide the same within a period of six weeks from the date on which such application is filed;

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D) The petitioner shall produce an authenticated copy of this order along with such fresh application;

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E) There shall be no order as to costs.

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(A.S.CHANDURKAR,J). (A.S. OKA,J)

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Shri. Yuvraj Vasantrao Desai v. the Dy. Collector (Caste Certificate), Rajeshri Shahu Suvidha Kendra and Anr.

Case brief

What is this about?

What did the court decide?

Shri. Yuvraj Vasantrao Desai v. the Dy. Collector (Caste Certificate), Rajeshri Shahu Suvidha Kendra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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