-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5295 OF 2008 Subhash Kanta Sawant ).. Petitioner Versus Divisional Caste Scrutiny Committee and others ).. Respondents Mr L M Acharya for the Petitioner. Mr A J Bhor for Respondent Nos. 2 and 3. Ms Jyoti Pawar, Addl. Government Pleader, for the State. Mr R K Mendadkar for Respondent No.5. CORAM: SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J. DATED: 6TH AUGUST 2008. P.C. We have heard the learned Counsel appearing for the parties. 2. Challenge in the present Writ Petition is to the order dated 9th July 2008 passed by the Divisional Caste Scrutiny Committee No.2, Jail Road, Ratnagiri. Various contentions have been raised before us; including the very jurisdiction of the Committee to re-examine the validation certificate of the Petitioner. -2- 3. In view of the course of action that we propose to adopt in the present Writ Petition, it is not necessary for us to state the facts of the case or to notice the various legal and factual rival contentions raised by the learned Counsel appearing for the parties. Suffice it to note that the reason given in the order is that proper hearing was not given to the parties in furtherance to the directions issued by this Court in Writ Petition No. 4336 of 2007 on 25th February 2008. 4. Without prejudice to the rights and contentions of the parties, we set aside the order and direct the parties to appear before the Divisional Caste Scrutiny Committee No.2, Jail Road, Ratnagiri on Thursday, the 21st August at 11.00 a.m. The Committee/Competent Authority shall hear the parties and pass appropriate order within two weeks thereafter. The order so passed, if adverse to the interest of the Petitioner, will not be given effect to for a period of two weeks. However, after the expiry of that period, the order will become operative and effective. 5. We have passed this order as agreed by the learned Counsel appearing for the parties and without going into the merit or demerit of -3- the contentions raised before us. All contentions are kept open. 6. The Validation Certificate dated 4th July 2008 will obviously be subject to the decision of the Committee. 7. Writ Petition disposed of accordingly. No order as to costs. CHIEF JUSTICE A. P. DESHPANDE, J.