IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1516 OF 1999 PETITION NO. 1516 OF 1999 PETITION NO. 1516 OF 1999 Shri Madhukar Kashiram Thakur. ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents Mr. R.K. Mendadkar for the petitioner. Mr. P.M. Patil, AGP, for respondents No.1 and 2. Mr. A.D. Shetty with Ms. Rita Joshi for respondent No.3. CORAM: R.M. LODHA & A.S. BAGGA, JJ. DATED: 16TH JUNE, 2006 P.C. : . After arguing for some time, the counsel for parties agreed that the Tribe claim of the petitioner needs to be re-examined by the Committee for Scrutiny & Verification of Tribe Claims, Nashik. 2. The course suggested by the counsel for the parties appears to be justified. The Committee proceeded to examine the Tribe claim of the petitioner in the light of the judgment of the Supreme Court in the case of Dadaji alias Dina Vs. Sukhdeobabu & Ors. AIR Dadaji alias Dina Vs. Sukhdeobabu & Ors. AIR Dadaji alias Dina Vs. Sukhdeobabu & Ors. AIR : 2 : 1980, 1980, 1980, S.C., 150. S.C., 150. S.C., 150. In the recent decision in the case of State State State of Maharashtra & Ors. Vs. Mana Adim Jamat Mandal of Maharashtra & Ors. Vs. Mana Adim Jamat Mandal of Maharashtra & Ors. Vs. Mana Adim Jamat Mandal reported reported reported in 2006 (3) MLJ, 407 in 2006 (3) MLJ, 407 in 2006 (3) MLJ, 407, the Supreme Court has held that its previous decision in Dadaji @ Dina (supra) stands overruled by necessary implication in State of State of State of Maharashtra Maharashtra Maharashtra Vs. Milind & Ors. (2001) 1 S.C.C., 4. Vs. Milind & Ors. (2001) 1 S.C.C., 4. Vs. Milind & Ors. (2001) 1 S.C.C., 4. 3. We accordingly set aside the decision of the Committee for Scrutiny & Verification of Tribe Claims, Nashik dated 21st April, 1998 and remand the matter back to the said Committee for fresh consideration of petitioner’s tribe claim in accordance with law. The parties are directed to appear before the said Committee on 7th August, 2006. The Committee shall hear and decide the petitioner’s tribe claim as early as possible and in no case later than 6 months from the date of appearance of the parties i.e. 7th August, 2006. In case the decision of the Scrutiny Committee is adverse to the petitioner, we observe that the said order shall not be enforced for a period of 4 weeks therefrom. 4. Rule is discharged accordingly. No costs. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] : 3 : Sd/- [A.S. [A.S. [A.S. BAGGA, J.] BAGGA, J.] BAGGA, J.]