1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4189 OF 2009 Badrinath s/o Shriram Injepwad, Age : 21 years, Occu.Education, R/o At Post : Mendka, Tq. Mudkhed, District Nanded ..PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2. Schedule Tribe Caste Verification/Scrutiny Committee, Aurangabad Division, Aurangabad 3. Dy. Collector (District Supply Officer), Nanded, District Nanded 4. The Tahasildar, Tahasil Office, Mudkhed, Tq. Mudkhed, Dist. Nanded ..RESPONDENTS Mr S.B. Gastgar, Advocate for the petitioner; Mr V.H. Dighe, AGP for respondents no.1, 3 & 4; Mr U.S. Malte, Advocate for respondent no.2. 2 CORAM: P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 28th JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner by this petition challenges the order passed by the District Supply Officer, dated 28.7.2008 and the order passed by the respondent – Scrutiny Committee dated 9.1.2008 rejecting the application of the petitioner for issuance of a caste certificate as belonging to “Koli Mahadev” - Scheduled Tribe. 3. Since the order of the District Supply Officer, Nanded is in that sense of the term is non speaking order as various documents have not been discussed by the District Supply Officer, we had called for record & proceedings. Upon perusal of the record & proceedings, it is clear to us that the petitioner had not submitted the genealogy in respect of the reliance which was placed by the petitioner on the caste certificates issued to the relatives of the petitioner. In the light of that, therefore, the learned Counsel for the petitioner states that the petitioner may be granted an opportunity to place on record the genealogy pertaining to the relatives of the petitioner who have been issued with the caste 3 certificates. We see no impediment whatsoever in acceding to the aforesaid request. In the light of that, therefore, this petition is allowed and the impugned orders are hereby quashed and set aside and the matter is remitted back to the District Supply Officer, Nanded for a decision afresh after giving opportunity to the petitioner to place on record the genealogy. The respondent no.3 District Supply Officer to decide the aforesaid application as expeditiously as possible. 4. Rule is thus made absolute on the above terms with no order as to costs. [ A.V. POTDAR, J ] [ P.V. HARDAS, J ] amj/wp4189.09 4 WRIT PETITION NO.4189 OF 2009 Date of decision : 28th July, 2009 For approval and signature. THE HONOURABLE SHRI JUSTICE P.V. HARDAS THE HONOURABLE SHRI JUSTICE A.V. POTDAR 1. Whether Reporters of Local Papers } may be allowed to see the judgment? } Yes. 2. To be referred to the Reporter or not? } Yes/No 3. Whether Their Lordships wish to see the fair copy of the judgment? } No. 4. Whether this case involves a substantial } question of law as to the interpretation } of the Constitution of India, 1950 or } any Order made thereunder? } No. 5. Whether it is to be circulated to the } Civil Judges? } No. 6. Whether the case involves an important } question of law and whether a copy of } the judgment should be sent to Mumbai, } Nagpur and Panaji offices? } No. [Anant Joshi] Private Secretary to the Honourable Judge. 5