1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3101 OF 2010 Nitin Balaji Rekulwad } Age : 22 Years, Occ. Education, } R/o : Ghavan, Tq. Jalkot, } Dist. : Latur. } .... PETITIONER V E R S U S 1. Scheduled Tribe Certificate } Scrutiny Committee,Aurangabad } Division, Aurangabad } Through its Member Secretary. } 2. Sub Divisional Officer } Udgir, Dist. : Latur } .... RESPONDENTS Mr. S.S.Phatale, Advocate for petitioner. Mr. S.K.Kadam, Assistant Govt. Pleader for State. Mr. P.S.Patil, Advocate for respondent no. 2. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 27/04/2010 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. 2 2. This petition under Article 226 of the Constitution of India impugns the order passed by the Sub Divisional Officer, Udgir dated 4/9/2009, rejecting the application filed by the petitioner for issuance of caste certificate as belonging to Koli Mahadev – Scheduled Tribe. The Sub Divisional Officer rejected the said application on the ground that he lacked territorial jurisdiction to decide the same. On an Appeal being filed by the petitioner, the order of the Sub Divisional Officer, Udgir came to be confirmed by the Scrutiny Committee. 3. The learned Assistant Govt. Pleader very fairly states that under an erroneous impression that the Sub Divisional Officer, Udgir lacked the territorial jurisdiction, the application came to be rejected and the Sub Divisional Officer would decide the application afresh. 4. In that light of the matter, therefore, we allow the petition, quash and set aside the impugned order and direct the Sub Divisional Officer , Udgir to decide the application afresh, in accordance with law, within period of four weeks from today and communicate the decision thereon to the petitioner. 5. We grant liberty to the petitioner of producing additional evidence/material in support of his contention as belonging to Koli Mahadev – Scheduled Tribe. 3 6. Rule is thus made absolute on the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 3101.2010 ( J )