1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2993 OF 2010 (Kirankumar Ramkrushna Nimje vs. The State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 25, 2011 Heard Shri Kulkarni, learned Counsel for the petitioner, Shri Jichkar, learned Assistant Government Pleader for respondent nos. 1, 2, 4, 6 and 8, Shri Deshpande, learned Counsel for respondent nos. 3 and 7 and Shri Patil, learned Counsel for respondent no.5. At the outset, Shri Jichkar, learned Assistant Government Pleader for respondent nos. 1, 2, 4, 6 and 8, has brought to our notice the following facts : The petitioner applied for issuance of Caste Certificate as belonging to “Halba” (Scheduled 2 Tribe) before Deputy Collector, Nagpur. The application of the petitioner came to be rejected by the Deputy Collector, Nagpur vide order dated 24/12/2009. The petitioner has not challenged the validity of the said order before any other Authority and, therefore, the said order is in force. Shri Kulkarni, learned Counsel for the petitioner, states that at the later point of time, the petitioner applied for grant of Caste Certificate to Sub-Divisional Officer, Saoner. However, application of the petitioner was rejected by the Sub- Divisional Officer, Saoner vide order dated 11/2/2010. Hence, petitioner preferred appeal before the Assistant Commissioner, Tribal Welfare, which also came to be rejected on the ground that the appeal was barred by delay and the Assistant Commissioner does not have power to condone the delay. Be that as it may, on the basis of above referred facts placed before this Court by the learned Assistant Government Pleader, it is evident that the order of Deputy Collector, dated 24/12/2009 whereby request of the petitioner for grant of caste 3 certificate came to be rejected is holding field as on today. In the circumstances, we dispose of the petition as withdrawn with liberty to the petitioner to take appropriate steps in accordance with law before appropriate Forum. JUDGE JUDGE khj