bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4735 OF 2009 Mahadeo Gunda Vasolkar ..Petitioner Vs. State of Maharashtra & Ors. ..Respondents Mr.Tejas Dande with Mr.Pradip Shingote for petitioner. Mr.S.D.Rayrikar, AGP for respondent Nos.1 and 2. CORAM :- V.C.DAGA & A.A.SAYED,JJ. DATE : 4TH SEPTEMBER, 2009 P.C. 1. Heard. Perused petition. 2. This petition is directed against the order dated 13th February, 2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune. The only contention canvassed by the learned Counsel for the petitioner is that the elder brother of the petitioner was examined to prove customs and rituals of Mahadev Koli, who being young could not be expected to know the details thereof. In his submission his father was the best person. He ought to have been examined. The said submission has no force. Assuming that the father of the petitioner was a right person, nobody prevented the petitioner to examine his father. His affidavit could have been filed by the petitioner before the Scheduled Tribe Certificate Scrutiny Committee to prove his claim. Burden of proof was on the petitioner. No such steps were taken by the petitioner in spite of ample opportunity given to him. 3. Beside above, no other point was argued by the learned Counsel for the petitioner. As already stated, the submission made is devoid of merits. 4. Needless to mention that all facts and circumstances of the case were taken into account by the Scrutiny Committee. The evidence which was produced by the petitioner has been appreciated by the Scrutiny Committee in accordance with law. This Court, not being a Court of appeal is not expected to reappreciate evidence once again. No fault or perversity could be demonstrated by the learned Counsel for the petitioner. The petition is without any merit. The same is dismissed in limine with no order as to costs. (A.A.SAYED,J.) (V.C.DAGA,J.)