1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 3479 OF 2001 *** 1. None present for the Petitioner. Respondent Nos.2, 4, 6 and 8 to 10 served - Absent. This petition has been already dismissed against Respondent Nos. 3, 5 and 7 by the order passed by the Registrar on 5th April, 2004. Respondent No.1, a private person, is not present before us. None appears for the Respondent No.1 despite service. We have heard learned A.G.P. who represents Respondent No.2. 2. Petitioner, in this petition, sought following prayers: "A) By way of issue of appropriate writ, order or direction, kindly quash and set aside the impugned order No.2001/DB/ Desk-II/ZPVP/Appeal-CR/37 dated 30-07-2001 issued by the respondent No.9 Additional Commissioner, Aurangabad be quashed and set aside. B) By way of appropriate writ, order or direction direct the Respondent No.9 and 10 to continue the petitioner in the post of Sarpanch of Gram Panchayat Karnavel, Tq. Mantha, Dist. Jalna for the remainder tenure." 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. The petitioner contended that he belongs to Banjara community recognised as Vimukt Jati for reservation purpose in the State of Maharashtra and treated as "O.B.C." for the purpose of reservation in the local self Government bodies in the Panchayati Raj for elections to village Panchayats, Panchayat Samiti and Zilla Parishads in the State of Maharashtra. 4. With the assistance of learned A.G.P. we have seen the order impugned in this petition. Order impugned Annexure-B is on record. It appears that the order is passed by the Additional Commissioner, Aurangabad. It was an appeal under section 33 (5) of the Bombay Village Panchayat Act, 1958 decided on 30th July, 2001. Respondent No.1 in this writ petition was Respondent No.1 in Appeal No.CR-37 (Annexure-B) before the Additional Commissioner, Aurangabad. We have considered the provision laid down under section 33 (5) 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. of the Bombay Village Panchayat Act, 1958. In our view with the passage of time, this petition has become infructuous. Nothing survives for adjudication. At this stage, Advocate Mr. Ingole Patil, who appears for the Petitioner appears and fairly concedes that the petition has become infructuous. 5. Writ petition stands dismissed as infructuous. Rule discharged. No order as to costs. [K.U.CHANDIWAL, J.] [S.B.DESHMUKH, J.] Dated:24/08/2010. ans/3479