-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1989 OF 2004 NO.1989 OF 2004 NO.1989 OF 2004 Nitin S. Sonawane ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr R.K. Mendadkar for Petitioner. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 18TH MARCH 2008. -2- P.C. :- 1. By this petition, the petitioner challenges the order passed by the Committee for Scrutiny and Verification of Tribe Claims, Nashik dated 3rd January 2004 holding that the certificate issued in favour of the petitioner that he belongs to Mahadeo Koli, Scheduled Tribe is invalid. The petitioner has, during the pendency of this petition, filed an additional affidavit. In the said affidavit, he claims that his real elder sister - Sunita Shriram Sonawane’s claim that she belongs to Mahadeo Koli, Scheduled Tribe has been held valid by the same Committee. According to the petitioner, in view of the certificate issued in favour of the real elder sister of the petitioner, the petitioner could not have been denied validity certificate. Though the additional affidavit has been filed in the month of May 2007, no rejoinder has been filed by the respondents. In this view of the matter, therefore, following order would meet the ends of justice. 2. The order dated 3rd January 2004 passed by the Committee for Scrutiny and Verification of Tribe Claims, Nashik is set aside and the matter is remitted back to the said Committee for hearing and decision in -3- accordance with law. The Committee shall take into consideration the contention of the petitioner that his real elder sister has been granted validity certificate by the same Committee. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)