1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5925 OF 2009 Nasirmiya Maheboobmiya Inamdar Age: 56 Yrs., occu. Agril. R/o Roza Mohalla,Kaij, Tq.Kaij, District Beed. - PETITIONER VERSUS 1) The State of Maharashtra Through Secretary, Department of Social Welfare Mantralaya, Mumbai-32. 2) The Divisional Caste Scrutiny Committee No.1., Aurangabad Division, Aurangabad. 3) The Deputy Collector, Ambejogai, Dist. Beed. 4) The Tahsildar, Kaij, Tq. Kaij, District Beed. 5) Kureshi Mujahid Khairumiya Age: 28 Yrs., occu. Business, r/o Khureshi Mohalla, Kaij, Tq. Kaij, District Beed. 6) Grampanchayat, Kaij, Tq. Kaij, District Beed. (Through its Secretary). 7) Inamdar Harun Haji Chand Pasha Age: 40 Yrs., occu. Business, R/o Roza Mohalla, Kaij, Tq. Kaij, Dist. Beed. - RESPONDENTS ***** 2 Mr.H.P.Jadhav, Advocate for Petitioner; Mr.V.H.Dighe, AGP for Resp.Nos. 1, 3 & 4; Mr.B.L.Sagar-Killarikar, Adv. for Resp.No.2; Mr.Hiraji Gaikwad, Adv. for Resp.No.5. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 11th November, 2009. PER COURT : . Rule returnable forthwith and heard finally. 2) By this petition, the petitioner challenges the Order dated 7th January, 2009, passed by the Respondent No.2-Committee, thereby validating the caste claim of the Respondent No.5 belonging to be `Kasab’ (OBC). 3) The petitioner and the respondent no.5 have contested the elections of Grampanchayat from OBC category wherein Respondent No.5 got elected and petitioner was defeated. 4) The Caste claim of the respondent no.5 3 was referred to the Respondent-Caste Scrutiny Committee and the Committee, as stated above, by an order dated 7.1.2009 validated the caste claim of respondent no.5. We have perused the order of the Respondent-Committee. We find that the order passed by the Committee is unreasoned one. On this ground alone, the impugned order passed by the Respondent-Committee is required to be quashed and set aside and the matter is required to be remanded back to the Committee for fresh decision. 5) In this view of the matter, the impugned order dated 7.1.2009 passed by the Respondent No. 2 Committee, is quashed and set aside and the matter is remanded back to the Committee with a direction to the Committee to decide the caste claim of the respondent no.5 within a period of two months from the date of receipt of the order. 6) The respondent no.5 shall appear before the Committee on 23.11.2009 at 11.00 a.m. The 4 interested parties would be heard by the Committee. The Committee shall pass a reasoned order on the basis of the evidence already collected and communicate the same to the concerned. All issues are kept open. We express no opinion on the merits of the matter. Rule absolute. sd/- sd/- (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/5925.09 Authenticated copy (BD VADNERE,PS)