1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3168/2011 (Ku. Shradha Diliprao Khadatkar .vs. State of Mah. And others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. V.R. Chaudhari, Advocate for Petitioner. Mr. J.B. Jaiswal, AGP for Respondents 1 and 2. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 08, 2011 Heard Advocate Shri Chaudhari for petitioner and learned AGP Shri Jaiswal for respondents no.1 and 2. Caste claim of the petitioner as belonging to Kanjar Bhat community (Nomadic Tribe) has been rejected by the Scrutiny Committee vide impugned order dated 6.4.2011. Advocate Shri Chaudhari contends that old documents in relation to grandfather were in torn condition and in that event if the Scrutiny Committee was not willing and ready to accept the same, affinity test ought to have been applied. Learned AGP points out that though old documents were in torn condition, the addition of word “ Kanjar” in different ink lateron was clearly noticed and Block Development Officer, Panchayat Samiti, Warora had communicated accordingly. He further points out 2 that in case of cousin of the petitioner by name Gita, the caste recorded was only Bhat. With the assistance of the respective counsel, we have perused the impugned order. We find that after receipt of documents against her, the petitioner was given appropriate opportunity and the petitioner could have made necessary grievance in relation to these documents at that juncture. No grievance was made. The fact shows that caste originally recorded in case of the grandfather was only Bhat and lateron word “Kanjar” has been added. Similarly in case of Gita, caste recorded is only Bhat. In view of these materials, the finding of Scrutiny Committee cannot be said to be perverse or erroneous, as the documents clearly show that caste Bhat and it is apparent that the affinity test was not necessary. Petition is, therefore, rejected. No costs. JUDGE JUDGE halwai