HITENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) This is yet another case wherein a litigant is made to run from pillar to post.

(3.) The Petitioner was issued with a "Tokare Koli (29)" Scheduled Tribe Certificate on 28/3/2005 by the District Magistrate, Dhule. By the mistake of the said Authority, the Tribe was spelt as "Tokare" instead of "Tokre". So also, instead of mentioning the Sr.No.28, the said authority mentioned '29'. The Petitioner's proposal for seeking a Tribe Validity Certificate was tendered on 25/9/2007, alongwith the Tribe Certificate. His father and grand father have a Tribe Certificate and his paternal cousin uncle Vikas Ramdas Navsare also has a Tribe Validity Certificate. The Vigilance Enquiry was concluded on 9/7/2009, a show cause notice was issued by the Committee on 15/11/2016 and the Petitioner tendered his detailed reply on 15/9/2019. The case was thereafter transferred to the newly constituted committee at Dhule. By order dtd. 8/9/2022, the Dhule Committee cancelled and confiscated the Tribe Certificate of the Petitioner on the ground that it contend an incorrect spelling "Tokare". This invalidation proceeding was closed and disposed off. This is atrocious. We can only term such action of the Respondent/authorities as "taking advantage of/capitalising on one's own wrong".