1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1329/2010 (SAHEBRAO A. SARDAR VERSUS THE STATE OF MAH. & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, counsel for the petitioner. Mrs. M. Deshmukh, A.G.P. for the R-1 to 4. Shri A.M. Ghare, counsel for the R-5. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JULY 18 , 2011 . By this petition, the petitioner seeks a direction to the respondent no.2 for cancelling and confiscating the caste certificate of the respondent no.5 dated 31.07.2006 and also quashing and setting aside the caste validity certificate granted by the Divisional Caste Certificate Scrutiny Committee in favour of the respondent no.5 on 30.06.2009. It is a case of the petitioner that the caste certificate and the caste validity certificate have been obtained by the respondent no.5 by practicing fraud on the Sub-Divisional Officer as well as the Scrutiny Committee. We are not inclined to entertain the petition for cancelling and confiscating the caste claim of the respondent no.5 and for setting aside the caste validity certificate of the respondent no.5 by examining the documents with a view to consider whether the same have been obtained by the respondent no.5 by practicing fraud or not. Several disputed questions of facts arise for determination in this writ petition 2 and they cannot be gone into or considered while exercising the jurisdiction under Article 226 of the Constitution of India. Hence, the writ petition is dismissed with no order as to costs. The petitioner is, however, free to file the appropriate proceedings before the Caste Scrutiny Committee for recall of the order dated 30.06.2009 on the ground that it was obtained by fraud. JUDGE JUDGE APTE