1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2085 OF 2010 Prakash s/o Motiram Piratwad, Age 54 years, Occu.Nil, R/o N-11, B-17/2, T.V.Center, HUDCO, Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra through its Chief Secretary, Government of Maharashtra Mantralaya, Mumbai 2. The Chairman, The Scheduled Caste, V.G.N.T.D.T.N.T., O.B.C. and S.B.C. Castes Scrutiny Committee, Aurangabad Division, Near St.Lawrence High School, Opp.CIDCO Bus Stand, CIDCO, Aurangabad .. RESPONDENTS Shri K.J.Suryawanshi, Advocate holding for Shri D.N.Suryawanshi, Advocate for petitioner Shri S.K.Kadam, Assistant Govt.Pleader for respondent No.1 and 2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 15th March 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ to respondent No.2 Committee for deciding the appeal filed by the petitioner on 31.12.2009. 3. It appears that the petitioner filed an appeal before the respondent No.2 Scrutiny Committee on 31.12.2009 challenging the order dated 8.12.2009 passed by the Sub Divisional Magistrqate, Aurangabad rejecting the application of the petitioner for issuance of a caste certificate as belonging to “Munnarwar” (Special Backward Class). Since the said appeal is pending, Shri Kadam, learned Assistant Govt.Pleader who accepts notice on behalf of respondents 1 and 2 states that the respondent No.2 would decide the appeal filed by the petitioner within three months from today. We accept the aforesaid statement as undertaking to the Court. 4. In the light of the said statement, we allow this petition and direct the respondent No.2 to decide the appeal filed by the petitioner, in accordance with law, within three months from today. 3 5. Rule is thus made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2085.10wp)