(1) WP. 1098.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1098 OF 2007 Shaikh Abdul Naim Shaikh Abdul Rahim PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS AND CIVIL APPLICATION NO.3585 OF 2007 IN W.P.1098 OF 2007 Bhagwan S/o Narayanrao Waghmare APPLICANT VERSUS Shaikh Abdul Naim Shaikh Abdul Rahim and ors. RESPONDENTS ..... Mr. S.S. Thombre, Advocate for the Petitioner. Mr. V.B. Ghatge, A.G.P. for the Respondent-State. Mr. A.G. Ambetkar, Advocate h/f. Mr. S.T. Shelke, Advocate for the respondent no.3 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 24TH JUNE, 2011 ORAL ORDER:- 1. The main grievance of the petitioner in the present Petition is that the Scrutiny Committee has invalidated his caste claim on the basis of incorrect findings. The petitioner had produced several (2) WP. 1098.2007 documents before the Scrutiny Committee including (i) the Nikahnama of his grandfather together with a translation of the same, ii) The mortgage deed executed by his grand-father, the original of which was in Urdu and the Marathi translation and iii) the extract of the Register of 1951 in respect of his great grand-father. The first document has been discarded by the Scrutiny Committee on the ground that it is a photocopy of the translation and not the original. Besides that, the document was not registered. The second document has been discarded for the same reason. The third document was considered by the Committee, however, no reasons have been given as to why the document has been discarded. 2. In these circumstances, since all the documents are of the year 1951, we find it appropriate to direct the Scrutiny Committee to conduct a fresh enquiry to ascertain whether the petitioner belongs to the "Jula" caste. 3. Accordingly, the impugned order passed by the Scrutiny Committee is set aside. The petitioner shall appear before the Committee on 11th July, 2011 (3) WP. 1098.2007 at 11.00 am. The Scrutiny Committee will afford a personal hearing to the petitioner and decide his caste claim in accordance with law. Petition disposed of accordingly. Consequently, Civil Application no. 3585 of 2007 also stands disposed of. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp