1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4827 OF 2009 Balaji S/o.Gangadharrao Dumpalwar, Age-Minor, Occu-Education, R/o.At-Post-Degloor, Tal.Degloor, Dist.Nanded, through natural guardian/father Shri.Gangadhar S/o.Naganna Dumpalwar Age-45 years, Occu-Labour, R/o. As above. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District-Nanded. RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.R.P.Phatake, learned counsel for respondent no.2 (CORAM : P.V.HARDAS AND A.V.POTDAR, J.J.) DATE : 27/07/2009 2 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of The Constitution of India, the petitioner impugns the order passed by the Sub Divisional Officer, Degloor, dated 12/12/2008 rejecting the application of the petitioner for issuance of a certificate as belonging to Koli Mahadev Scheduled Tribe. Aforesaid order came to be confirmed in Appeal by the Scrutiny Committee by its order dated 30/03/2009. 3. With the assistance of Shri.Vibhute and Shri.Phatke, learned counsels for the Scrutiny Committee, we have perused the findings recorded by the Sub Divisional Officer. On account of paucity of evidence tendered by the petitioner, no fault can be found with the order of Sub Divisional Officer in rejecting the application. Shri.Vibhute, learned counsel for the petitioner states that the petitioner is in possession of additional evidence/documents which would establish that the petitioner belongs to Koli Mahadev. We therefore consider it appropriate that an opportunity is granted to the petitioner to place the aforesaid documents on record. We accordingly allow this petition and quashed and set aside the impugned orders and permit the petitioner to file additional documents if any within 4 weeks from today. If the petitioner files additional documents, the Sub Divisional Officer shall decide the 3 question of issuance of caste certificate to the petitioner as expeditiously as possible. 4. Rule thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp4827-09