1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5438 OF 2009 Chandrakant Buddhappa Sharander : Petitioner versus State of Maharashtra and ors. : Respondents. Mr. R K Mendadkar for the Petitioner. Mr. C R Sonawane, AGP for Respondent Nos. 1 and 2. Mr. G S Godbole a/w Mr. Dnyaneshwar Deshmukh for Respondent No.3. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 30th June 2010 P.C. 1 In response to our order dated 25th June 2010, the learned counsel for the Petitioner Mr. Mendadkar states that his client has already deposited Rs. 50,000/- for which he has produced a receipt. In view of the said deposit he submitted that he should be permitted to withdraw the above Petition. 2 The learned counsel for the Petitioner states that the petitioner is present before this Court. Since the learned counsel for the Petitioner wants to withdraw this Petition unconditionally, he is permitted to do so. However for the reasons mentioned in our order dated 25th June 2010 we impose costs of Rs.50,000/- which amount is deposited by the Petitioner with the Registry, the same shall be remitted to the Maharashtra Legal Services Committee as there is no contesting party to whom the costs can be awarded and since the Petitioner has arrived at a compromise with the Respondent No.3 for which reason the 2 Petitioner wants to withdraw the above Petition which was filed for challenging the validity certificate issued in favour of the Respondent No.3. We have imposed the said costs as we are of the view that the filing of the above Petition and thereafter its withdrawal for the reasons mentioned above, amounts to an abuse of the process of this Court. 3 In the instant case, the concerned Caste Scrutiny Committee has not even considered the fact that the affinity test was not conducted. We express our displeasure at the manner in which the Caste Scrutiny Committee has dealt with the said issue. In case if a validity certificate is issued to a wrong person, the same has the effect of depriving a genuine candidate of the benefits available to a particular caste or tribe. 4 We hope and trust that in future the Caste Scrutiny Committee will take care and consider the report of the Vigilance Cell and the affinity test as the case may be before validating the caste certificates of the applicants before it. 5 The above Petition is dismissed as withdrawn subject to whatever has been stated herein above. 6 Copy of this order be sent to the Principal Secretary, Social Justice Department, Mantralaya, Mumbai for information and necessary action. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]