1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Writ Petition No. 5873 of 2006 Onkar Narayan Tambekar Vs. Divn. Caste Certificate Scrutiny & Another Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: ANOOP V. MOHTA & C. L. PANGARKAR JJ. Dated: 11 th September, 2008. The petitioner has challenged the impugned order dated 23.06.2005 whereby it has been decided that the original Caste of the non applicant is “Sutar”. Without going further into the merits of the matter as we have noted after final show cause notice dated 05.11.2004, the petitioner by letter dated 19.11.2004 requested the Committee-respondent no.1 to grant more time and opportunity to submit his case. The said letter 2 was sent to the respondent-Committee. According to respondent No.1 such a letter was never received by him. On record there is a receipt of notice dated 19.11.2004 with stamp of the same date of the postal department. Considering this, the fact remains that after 05.11.2004 the petitioner could not submit his case for want of opportunity, as by the impugned order without giving any opportunity his case has been decided. In view of this and in the interest of justice we are inclined to grant opportunity to the petitioner. Therefore, without observing anything on merits of the matter the impugned order is quashed and set aside. The petitioner to appear before the Committee on 25.09.2008. The respondent Committee to dispose of the application within two months. The petition is accordingly allowed with no order as to costs. JUDGE JUDGE svk