1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1792 OF 2008 Smt.Tulsibai @ Vanshi Shankar Vaijal ...Petitioner Vs. 1.The State of Maharashtra & others. ...Respondents. --- Mr.V.A.Thorat, Sr.Advocate i/b. Mr.R.K.Mendadkar, for Petitioner. Mr.Milind More, AGP for Respondent no.3. Mr.Sandip Bhimekar i/b. M/s.Wadia Gandhy & Co., for Respondent no.4. Dr.Milind Sathe, Sr. Advocate i/b. Nivit Srivastav, for Respondent no.5. Mr.D.D.Madan, Sr.Advocate i/b. Mr.S.A.Sawant, for Respondent no.6. --- CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 21st April, 2009. P.C.:- 2 Parties are agreed that for disposing of the petition in the following terms, no reasons are necessary to be recorded. 1. The order dated 30th November,2004 of this Court in Writ Petition no.9192 of 2004, 9193 of 2004 and 9364 of 2004 has directed the Commissioner, Konkan Division (now Maharashtra Revenue Tribunal) to dispose off the appeals referred therein within three months from the date of communication of decision regarding Tribe claim of Petitioner herein. 2. The Tribunal shall decide the appeals in accordance with law. The enquiry conducted and orders passed by the Sub-Divisional officer which are in appeal before the Tribunal shall be treated as suo-moto enquiries. The Petitioner as well as the Respondent No.6 herein shall be at liberty to assist the Tribunal in the appeals. This is without prejudice to the rights and contentions of all the parties. 3 3. The Petitioner has filed the Petition in the name of Tulsibai @ Vanshi Shankar Vaijal. The Respondents dispute the identity of the Petitioner and whether she is Tulsibai @ Vanshi Shankar Vaijal. That question will be decided by appropriate forum in appropriate proceedings and all contentions of the parties in that behalf are kept open. 3A. Similarly the Petitioner shall be free to challenge the entitlement of Respondent no.6 to claim as heir of Mr.Shankar, in accordance with law and if the law permits her to do so. 4. It is common ground that because the Scrutiny committee has not decided the caste claim of the petitioner finally, she can still make an application for caste certificate to a proper officer and can apply to the Scrutiny Committee for validity of the certificate. In case, such an application is made by the petitioner, it shall be considered on its own 4 merit on the basis of material produced before the Competent officer and the Scrutiny committee, and while doing so the observations in the impugned order shall not be taken into consideration. (D.K.DESHMUKH, J.) (R.S.MOHITE,J.) ---