1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5335 OF 2009 Samay s/o Shankarrao Chettiwar, minor through father and natural guardian, Shankar s/o Iranna Chettiwar .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri S.M.Vibhute, Advocate for petitioner Shri V.H.Dighe, AGP for respondents 1 and 3 Shri R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 7th October 2009 PER COURT : 1. Shri Vibhute states on instructions that the petitioner may be permitted to withdraw this petition with liberty to file an application afresh by producing additional evidence to demonstrate that the petitioner belongs to Koli Mahadev – Scheduled Tribe. 2. We, accordingly, dismiss this petition as withdrawn with the aforesaid liberty and also direct the Sub-Divisional Officer, Degloor that in the event the petitioner applies afresh, the application be decided in accordance with law. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) (vvr/5335.09wp)