1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5386 OF 2009 Laxman S/o.Piraji Lolamwad, Age-26 years, Occu-Education, R/o.Dongargaon, Post-Salegaon, Tq.Naigaon, Dist-Nanded. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District – Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.R.P.Phatake, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 18/08/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. By consent of the parties, writ petition is finally heard at the stage of admission. 2 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has challenged the judgment and order dated 29/04/2009 passed by the Scrutiny Committee Aurangabad Division Aurangabad in appeal no.178/2009 dated 29/04/2009, by which the Scrutiny Committee upheld the order passed by The Sub Divisional Officer, Degloor dated 28/03/2009 by which the application submitted by the petitioner dated 16/09/2008 for issuance of caste certificate was rejected. 3. The facts in nutshell gave rise to file the present writ petition are – the petitioner applicant has filed an application dated 16/09/2008 to The Sub Divisional Officer, Degloor for issuance of caste certificate as the petitioner applicant claimed that he belongs to Mannerwarlu Scheduled Tribe. Alongwith the said application, the petitioner has produced in all 12 documents. On perusal of these documents, it is observed by the Sub Divisional Officer, Degloor that these documents are not sufficient for issuance of caste certificate as claimed by the petitioner. Hence by his order dated 28/03/2009,he rejected the application of the petitioner. Being aggrieved by the said order, the petitioner has filed an appeal before the Scrutiny Committee, Aurangabad Division Aurangabad which was numbered as appeal no.178/2009. This appeal came to be decided on 29/04/2009. In the judgment and order dated 29/04/2009, the Scrutiny Committee, Aurangabad Division Aurangabad upheld the order passed by the Sub Divisional Officer, Degloor and rejected the appeal. The orders impugned in the present writ petition. 3 4. We heard respective counsels for the parties. 5. During the course of arguments, it is addressed on behalf of the petitioner that so far as the petitioner is having some more documents in his possession for which he seeks leave to produce the same as additional evidence before the Sub Divisional Officer, Degloor and requested to remit the matter back to the Sub Divisional Officer, Degloor to decide the caste claim of the petitioner applicant considering the additional evidence to be lead before the Sub Divisional Officer, Degloor. This additional evidence is in respect of some more documents showing caste of the close blood relatives of the petitioner. We accept these submissions and accordingly we quash and set aside the impugned order in the present writ petition and remit the matter back to the Sub Divisional Officer with direction to the petitioner to appear before the Sub Divisional Officer, Degloor within the period of 2 weeks from today or from the date of communication of the writ of order in this writ petition. The Sub Divisional Officer, Degloor is hereby directed to consider and decide the caste claim of the petitioner applicant in the light of additional evidence lead before him in accordance with Law and to dispose of the application within the period of four months thereafter. We hereby make it clear that the Sub Divisional Officer, Degloor not to influence with the observations in passing the order in the present writ petition. 4 6. Rule thus made absolute as indicated above, and accordingly the writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5386-09