{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6087 OF 2009 Sudhakar Madhavrao Kanne R/o Pimpalgaon, Tq-Biloli Dist-Nanded PETITIONER VERSUS 1. The Sub Divisional Officer, Degloor, Tq-Degloor, Dist-Nanded 2. The Caste Certificate Verification Committee Constituted for Verification of Caste Certificates of Scheduled Caste Aurangabad 3. The Dy. Director (Caste Verification Committee) Social Welfare Department, Pune 4. The Collector / Returning Officer, Collector Office, Nanded RESPONDENTS ....... Mr.P.R.Katneshwarkar, Advocate for the petitioner Mr.N.N.Jadhav, AGP for respondents / State Mr.B.L.Sagar Killarikar, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 15th September 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. {2} 2. By the present petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus directing respondent No.1, Sub Divisional Officer to issue caste certificate to the petitioner as belonging to Lingder Scheduled Caste. 3. It appears that in the year 1990 caste certificate was issued to the petitioner to the effect that the petitioner belongs to Lingder Scheduled Caste. It further appears that in the year 1996, the Collector, Nanded, on the complaint of one Shnkar Khandu Kamble, canceled the caste certificate issued to the petitioner and directed the petitioner to deposit the original caste certificate with Tahsildar, Biloli. It also appears that being aggrieved by the decision of the Collector, an appeal came to be filed by the petitioner before the Director Social Welfare, State of Maharashtra Pune. It is contended that the Director Social Welfare, conducted a full fledged inquiry and allowed the appeal filed by the petitioner and set aside the order passed by the Collector, Nanded. It is contended that the said decision of the Deputy Director, Social Welfare, is not challenged and hence it attained finality. It appears that, now, the petitioner intends to contest election of legislative assembly and for that purpose, he is required to produce necessary documents including caste certificate. It appears that the petitioner has approached the Sub Divisional Officer seeking caste certificate. It further appears that the Sub Divisional Officer, instead of issuing caste certificate, referred the claim of the petitioner to respondent No.2 for inquiry whether the petitioner really belongs to Scheduled Caste. As the last date of submission of nomination forms for assembly elections is 22nd September 2009, the petitioner has approached this court for the reliefs as stated above. {3} 4. In response to the notice of this Court the respondents appeared and filed their affidavit in reply. It is contended that though the Director of Social Welfare allowed the appeal filed by the petitioner yet for the period of about 12 years, the petitioner has not submitted any application before the Sub Divisional Officer seeking caste certificate. It is also contended that by virtue of Government Resolution dated 03.06.1996, the Sub Divisional Officers are directed to issue fresh caste certificates. 5. Heard learned counsel for the parties. 6. It is not disputed that though the earlier caste certificated issued to the petitioner is canceled by the Collector, Nanded, yet the Deputy Director Social Welfare set aside the said order of the Collector in the appeal. In the premise, it cannot be said that the competent authority will have to consider the case of the petitioner afresh. Therefore, we direct the Sub Divisional Officer to issue caste certificate in favour of the petitioner to the effect that the petitioner belongs to Lingder Scheduled Caste, forthwith. 7. It is needless to state that the caste certificate to be issued will be subject to verification by the competent scrutiny committee. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6087-09