1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5330 OF 1998 Jitendra S/o Lakhichand Nannaware .... PETITIONER VERSUS Taluka Executive Magistrate, Jalgaon & Oths. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. L.V.Sangit, Advocate holding for Mr. V.J.Dixit, Advocate for petitioner. Mrs. R.K.Ladda, Assistant Govt. Pleader for State. -------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 03/08/2010 ORAL ORDER : 1. The petitioner challenges the impugned order dated 30/11/1994 passed by the Executive Magistrate, Jalgaon, thereby invalidating the claim of the petitioner as belonging to Tokare Koli – Scheduled Tribe and the Order dated 21/2/1995 passed by the Additional Commissioner, Nashik Division, Nashik in Caste Appeal No. 33 of 1994 filed by the petitioner, thereby dismissing the said Appeal. 2. Admittedly, the decision of the authority is not in consonance with the law laid down by the Apex Court in the case of Kum. Madhuri Patil V/s 2 Additional Commissioner, Tribal Development & Oths. Reported in AIR 1995 SC – 94, wherein the Committee of the experts is required to verify the claim of the persons, whether they belong to Scheduled Caste or Scheduled Tribe and also the claim is to be verified by the Vigilance Cell. 3. In that view of the matter, the petitioner is to apply to the Scheduled Tribe Caste verification Committee, Nandurbar. If such an application is made by the petitioner, the Committee to decide it within the period of 1 year from the date of submission of such application. 4. The petition is, therefore, disposed off. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 5330.98