DEVRAJ KANA RADA Vs. MAMLATDAR OF TALALA TALUKA

JUDGEMENT

(1.) ORAL ORDER BELOW THE NOTE DT.12-7-2001 WITH DRAFT AMENDMENT Mr. Vasavda has moved the draft amendment today.

(2.) The petition, as already filed on 21-9-1995, challenged the order dated 21-7-1995 (Annexure A) by which the Mamlatdar, Talala (Gir) in Junagadh District dismissed the application of Minor Devraj Kana Rada, C/o. Kana Sarman Rada for issuance of the certificate that Devraj Kana Rada, petitioner No.1 herein, belong to a Scheduled Tribe. Petitioner No.2 is the father of petitioner No.1. Both have been residing at Mangrol Town in Junagadh District.

(3.) The petition came to be opposed. Affidavit-in-reply was filed by the Mamlatdar for justifying the decision on merits. Notice was issued on 16-10-1995. Thereafter the petition was admitted on 30-1-1996, on which date, this Court also granted mandatory interim relief directing the Mamlatdar to grant the caste certificate in favour of petitioner No.1 on the ground that since petitioner No.2 (i.e. the father of petitioner No.1) was already granted a certificate that petitioner No.2 belongs to a Scheduled Tribe, there was no reason for not directing the Mamlatdar to issue a similar certificate in favour of petitioner No.1.