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Prerna Annasaheb Hankare through Real Brother Amol Annasaheb Hankare v. the State of Maharashtra and Another

Bombay HC21 Feb 2019WP/2453/2019

Case brief

AI extract

What is this about?

The Bombay High Court directed the Sub Divisional Magistrate to issue a corrected tribe certificate recording the nomenclature as 'Koli Mahadev' within four weeks, provided the petitioner submits an application and original documents within one week.

What did the court decide?

Issuance of corrected tribe certificate recording nomenclature as 'Koli Mahadev' within four weeks, conditional on petitioner's application within one week.

Prerna Annasaheb Hankare through Real Brother… — Pension and Retirement Benefits | Bombay HC (2019)

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2453.19wp

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.2453 OF 2019

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Prerna d/o Annasaheb Hankare, Age: Minor, Occu: Education, Through Real Brother Amol Annasaheb Hankare, Age: 27 years, Occu: Service, R/o Ter, Tq. & Dist. Osmanabad ..PETITIONER

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VERSUS

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The State of Maharashtra, Through its Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32

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Competent Authority/Sub Divisional Magistrate, Osmanabad ..RESPONDENTS

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Mr O. B. Boinwad, Advocate for petitioner; Mr K. N. Lokhande, A.G.P. for respondents

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CORAM : PRASANNA B. VARALE AND

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S. M. GAVHANE, JJ.

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DATE : 21st February, 2019

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ORAL ORDER:

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Heard learned Counsel appearing on behalf of petitioner.

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Though by way of prayer clause (B), it is submitted before this court

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that respondent No.3 be directed to issue corrected tribe certificate to petitioner, recording the nomenclature of tribe as "Koli Mahadev" and

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2453.19wp

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(2)

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though reliance is placed on the order of this Court dated 22nd December, 2018, passed in Writ Petition No.14262 of 2018, the fact of the matter is, the petitioner had not approached respondent No.2 with an application to issue a caste certificate with a corrected nomenclature as "Koli Mahadev".

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Learned Counsel for the petitioner submitted that the petitioner would approach respondent No.2 with an application for issuance of caste certificate and also submit original tribe certificate issued to her referring to nomenclature as "Koli Mahadeo".

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In case, the petitioner undertakes this exercise and submits application to respondent No.2 within a period of one week from today and also tenders the original caste certificate for issuance of fresh certificate with an application by on-line process and also maintaining hard copy of the application, respondent No.2 shall, without embarking upon further enquiry into the matter to issue corrected tribe certificate recording name of the tribe as "Koli Mahadev", as expeditiously as possible and preferably within four weeks from the date of tendering the application.

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With these directions, the petition is disposed of.

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(S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.)

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sjk

Prerna Annasaheb Hankare through Real Brother Amol Annasaheb Hankare v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Prerna Annasaheb Hankare through Real Brother Amol Annasaheb Hankare v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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