1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5771 OF 2009 Datta Ganesh Totewad, Age-30 years, Occu-Nil, R/o.Dhol Umbhari, Post Sindhi, Tq.Umari Railway, Dist. Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. Additional Tribal Commissioner, Tribal Development, Amravati Division, Amravati. 3. Project Officer, Integrated Tribal Development Department, Kinwat, Tq.Kinwat, Dist.Nanded. 4. The India Institute of Drugless Therapy, Bhokar, Tq.Bhokar, Dist.Nanded. (Through its Secretary : Purbhajirao S/o. Satwarao Tambhare) Station Road, Bhokar, Tq.Bhokar, Dist. Nanded RESPONDENTS Mr.S.S.Phatale, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 to 3 Mr.G.R.Syed h/f. T.W.Pathan, learned counsel for respondent no.4 2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 07/09/2009 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. This petition takes exception to the order passed by the Additional Commissioner, Tribal Development, Amravati Division, Amravati, dated 29/01/2009, in Appeal No.76/2008, dismissing the appeal as not maintainable. 3. We have heard Shri.Phatale, learned counsel for the petitioner and learned AGP who appears on behalf of respondent no.1 to 3 and Shri.A.R.Syed, learned counsel for respondent no.4. The learned counsel for the petitioner has urged before us that in the light of judgment of the Full Bench of this Court in Suryakant Panchal versus Vasantrao Naik Vimukt Jati Bhatkya Jamati and other Prasarak Mandal, reported in 2002(3) Mh.L.J. 659, the appeal before the Additional Commissioner was perfectly competent. Shri.Jadhav, learned AGP upon perusing the said judgment of the Full Bench also very fairly states that the appeal is maintainable before the additional Commissioner. 3 4. In the light of that therefore, we allow this petition and quash and set aside the impugned order and remit the matter back to the Additional Commissioner, Tribal Development, Amravati for deciding appeal no.76/2008 in accordance with law treating the said appeal as maintainable. We also direct the Additional Commissioner, Tribal Development, Amravati to decide the said appeal as expeditiously as possible in no case later than 6 months from today. 5. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5771-09