1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2110/2005 Dr.Shivaji S/o Kashinath Kurewad Age 40 years, occ-service, R/o C/o Shri Kashinath Piraji Kurewad PO Ner, Tq. & Dist.Jalna Presently serving at Veterinary Hosp. Gangakhed, Tq. Gangakhed Dist.Parbhani. .. PETITIONER VERSUS 1] The State of Maharashtra Through the Secretary Agriculture, Animal Husbandry, Dairy Development and Fisheries Department, Mantralaya, Mumbai-32 [Copy to be served on the Govt.Pleader, High Court Bench at Aurangabad] 2] The Scheduled Tribe Caste 2 Verification Committee, MS Aurangabad Division,Aurangabad Through its Director/Chairman. 3] The Taluka Executive Magistrate Jalna. 4] The Collector Collectorate,Jalna .. RESPONDENTS .... Shri Yeramwar h/f Shri A.S.Golegaonkar,Advocate for petitioner. Shri V.H.Dighe,A.G.P. for Respondent-State. Shri U.S.Malte,Adv.for Respondent no.2. .... CORAM : NARESH H.PATIL & N.D.DESHPANDE,JJ. DATE : 21/04/2010 ORAL ORDER : [PER PATIL,J.] 1] Rule. Rule returnable forthwith. With consent of parties, petition is heard finally. 3 2] The petitioner’s main grievance is that inspite of order passed on 16/1/2004 in Writ Petition No.780/1992 by the Division Bench (Coram : S.B.Mhase and N.V.Dabholkar,JJ.), wherein the petitioner’s matter was remanded back to the Committee for de- novo enquiry, the petitioner was not heard by the Committee and the matter was decided exparte. The learned counsel for petitioner submits that the petitioner appeared before the Committee on 16/2/2004 and asked for time of one month. It is submitted that the petitioner did not receive any communication from the Committee thereafter and the Committee straightway passed final order. 3] The order of Committee is impugned in this Petition. This petition is pending since the year 2005. Number of times, it is adjourned. Once it was dismissed for non-prosecution. It was adjourned even for the lawyer of the committee for getting the record. 4] In these facts of the case, we find that the matter is required to be considered on merits. Even today, record could not be provided to the counsel of the committee. 5] Civil Application has been filed by the petitioner, wherein it is stated that the cousin brother of petitioner was granted validity certificate, which petitioner wants to place on record of the Committee. 4 6] In the facts of the case and the pleas raised by the petitioner, we find that one more opportunity is required to be given to the petitioner to represent his case and to produce evidence. 7] The petitioner undertakes to appear before the Committee and cooperate with it. 8] The committee shall conduct the necessary enquiry and after completing the same, pass appropriate final order on the claim of the petitioner. 9] We set aside the order passed by the Committee and remand back the matter to the committee. The petitioner shall appear before the Committee on 4th May 2010 at 11 a.m. The committee shall finally dispose of the matter within 6 months w.e.f. 4th May 2010 on its own merits. We express no opinion on merits of the matter. Rule made absolute in above terms. 10] In view of disposal of Writ Petition, Civil Application No. 11547/2009 stands disposed of. [N.D.DESHPANDE,J.] [NARESH H.PATIL,J.] umg/wp2110-05