IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.744 OF 2009 Shirish Chintaman Chogle ... Petitioner Versus Brihanmumbai Municipal Corporation and others. ... Respondents Mr. Y.S. Jahagirdar, Senior Advocate i/by Mr. R.K. Mendadkar for the petitioner. Mr. D.A. Tayshete with Mr. D.B. Sawant for the respondent No.5. Ms. Geeta Jogalekar for the BMC. CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 22ND JULY, 2009 P.C. During the hearing of the writ petition, the learned counsel appearing for the parties agree that this writ petition can be disposed of by the consent order. The agreed terms are as under: (a) The orders dated 2.6.2007 and 28.8.2008 challenged in the present writ petition are hereby set aside. (b) The matter is remanded to the Commissioner for determination afresh in accordance with law. The Commissioner will hear both the parties. All the contentions are kept open. The Commissioner shall in compliance of the order of the Division Bench dated 1.12.2008 shall also decide what is the effect of the findings recorded in favour of the petitioner at page 41 of the paper-book which reads as under: "NOW, THEREFORE, THE Committee hereby certifies that caste claim is found to be correct and the Caste Certificate bearing No.283/2006 dated the 21.6.06 issued by the Sub-Divisional Officer, M.S.D. District M.S.D. certifying that Shri Chogale Shirish Chintaman belongs to Hindu-Pachkalshi is found to be VALID." 2. While keeping in mind the caste certificate in favour of the petitioner as OBC (Hindu Pachkalsi), the Commissioner shall pass the order expeditiously in any case not later than four weeks from today. 3. We find the above agreed terms just, fair and equitable, as such this order being without prejudice to the rights and contentions of the parties, we dispose of this writ petition in view of the consented terms. No order as to costs. CHIEF JUSTICE A.M. KHANWILKAR, J.