311wp1930.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1930 of 2010 (Adivasi Binjhwar (Injhwar) Samaj Samiti .vs. Union of India and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 31/01/2011. Heard Mr.A.M.Gordey, Senior Advocate with Mr.V.R.Choudhari, Adv. for the petitioner and Mr.N.W.Sambre, Government Pleader for respondent nos. 2 to 4. In the instant petition, the grievance of the petitioner is in respect of inaction on the part of the respondents to place the report dt. 11.11.2002 of the Commissioner, Tribunal and Research and Training Institute, Pune before respondent no.2/State and therefore, the State could not forward the same to the Central Government for necessary action. Mr.N.W.Sambre,Government Pleader has submitted that the report of respondent no.3 in the matter of inclusion of 'Injhwar' caste in the Scheduled Tribe category was 311wp1930.10.odt 2 . placed before the State Government, who has already forwarded it to the Government of India vide communication dt.31.5.2010. The learned Government Pleader has further submitted that a specific statement in this regard has been made in para nos. 4 and 5 of the affidavit dt. 28.1.2011 filed by the Deputy Director and Member Secretary, Scheduled Tribe Caste Verification Committee, Nagpur, which reads thus : “4. I say that in the said judgment this Hon'ble Court has directed the respondent no.3 in the said petition Commissioner, Tribal Research and Training Institute, Pune to furnish the report to the respondent no.2/State in the matter of inclusion of Injhwar in the Scheduled Tribe category. The respondents/State i.e. respondent no.2 was directed to take steps according to law by submitting the report to the Union of India within a period of 16 weeks thereafter. 5. I say that the report of the Commissioner, Tribal Research and Training Institute, Pune i.e. respondent no.3 was received by the State 311wp1930.10.odt 3 . Government and the same was forwarded to the Government of India vide communication dated 31.05.2010. The copy of the said communication dated 31.05.2010 is annexed hereto and marked as Annexure A-1. I say that after going through the above referred letter, it is clear that it was translated by the respondent no.3 i.e. Commissioner, Tribal Research and Training Institute, Pune into English and it was forwarded to the Secretary, Tribal Development Department, Mumbai. “ In view of the above statement made in para nos. 4 and 5 of the affidavit, which is taken on record today, the cause of action involved in the present petition no more survives. Hence, the petition is disposed of accordingly. We expect the Central Government to process the whole thing as early as possible. JUDGE JUDGE jais