(1) WP No. 1016/2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1016 OF 2007 AND WRIT PETITION NO.1256 OF 2007 AND WRIT PETITION NO.3652 OF 2008 ----- WRIT PETITION NO.1016 OF 2007 Sahebrao Lilachand Mandale ] R/o Subhash Colony, Shirpur] PETITIONER. Dist.Dhule. ] VERSUS The State of Maharashtra ] Through Secretary,Urban ] RESPONDENTS. Development Deptt., ] Mantralaya,Mumbai & others.] ----- Mr.V.D.Hon, Advocate, holding for Mr.D.S.Bagul, Advocate for the petitioner. Mr.U.K.Patil, Mr.V.B.Ghatge, and Mr.S.K.Tambe, Asstt.Govt.Pleders, for respondents No.1 to 4. Mr.M.S.Deshmukh,Advocate, for respondent No.5. Mr.P.D.Bachate, Advocate, for respondent No.6. ----- AND WRIT PETITION NO.1256 OF 2007 Sahebrao Lilachand Mandale ] R/o Subhash Colony, Shirpur] PETITIONER. Dist.Dhule. ] VERSUS (2) WP No. 1016/2007 The State of Maharashtra ] Through Secretary,Urban ] RESPONDENTS. Development Deptt., ] Mantralaya,Mumbai & others.] ----- Mr.V.D.Hon, Advocate, holding for Mr.D.S.Bagul, Advocate for the petitioner. Mr.U.K.Patil, Mr.V.B.Ghatge, and Mr.S.K.Tambe, Asstt.Govt.Pleaders, for respondents No.1 to 4. Mr.M.S.Deshmukh,Advocate, for respondent No.5. Mr.P.D.Bachate, Advocate, for respondent No.6. ----- AND WRIT PETITION NO.3652 OF 2008 Manoj Ramrao Chavan ] R/o Pardhipura, Shirpur ] PETITIONER. Dist.Dhule ] VERSUS The State of Maharashtra ] Through Secretary,Urban ] RESPONDENTS. Development Deptt., ] Mantralaya,Mumbai & others.] ----- Mr.A.N.Kakade, Advocate for the petitioner. Mr.U.K.Patil, Mr.V.B.Ghatge and Mr.S.K.Tambe, Asstt.Govt.Pleaders, for respondents No.1 to 4. Mr.M.S.Deshmukh,Advocate, for respondent No.5. Mr.R.S.Shinde, Advocate, for respondent No.6. Mr.V.D.Hon,Advocate, holding for Mr.P.D.Bachate, Advocate, for respondent No.7. ----- CORAM : Naresh H. Patil and N.D.Deshpande, JJ. DATE : 8th July, 2009. (3) WP No. 1016/2007 ORAL JUDGMENT [ PER – NARESH H. PATIL, J.] 1] Heard. 2] Rule returnable forthwith. By consent, the petition is heard finally and disposed of at admission stage. 3] The petitioner’s tribe claim as “Hindu Mahadeo Koli” Scheduled Tribe, was invalided by Scheduled Tribe Certificate Scrutiny Committee (for short “Scrutiny Committee”), by an order dated 15/02/2007. The said decision is challenged herein. 4] The learned counsel for petitioner submitted that the petitioner was not provided with vigilance cell report. The counsel for Scrutiny Committee Shri.M.S.Deshmukh has served a copy of vigilance cell report to learned counsel Shri.Hon in the Court today itself. 5] Considering the submissions advanced and in view of the fact that petitioner was not served with vigilance cell report, we find it appropriate to remand the matter back to Scrutiny Committee for deciding the tribe claim of petitioner afresh by affording an opportunity to the petitioner to file (4) WP No. 1016/2007 reply on vigilance cell report and to hear him. In this view of the matter, we pass following order. 6] The impugned order dated 15/02/2007 passed by Scrutiny Committee invalidating tribe claim of the petitioner is quashed and set aside. 7] The petitioner is directed to file reply to the vigilance cell report on or before 29th July, 2009. The Scrutiny Committee thereafter shall hear the petitioner and pass final order, in accordance with law, within eight weeks from the date of his appearance and communicate the same to the petitioner. It is clarified that we have not expressed any opinion on the merits of the matter. 8] Rule made absolute in above terms and both the petitions viz. Writ Petition No.1016/2007 and 1256/2007 are disposed of. 9] As regards Writ petition No.3652 of 2008 is concerned, it is informed that the petitioner Sahebrao Lilachand Mandale’s term as President of Municipal Council, Shirpur had expired in June, 2009 and, therefore, the ad-interim relief granted by this Court on 1st March, 2007 automatically ceased to be effective. We, therefore, dispose of this petition also. (5) WP No. 1016/2007 10] Authenticated copy duly signed by Sheristedar of this Court be provided to Mr.M.S.Deshmukh, counsel for Scrutiny Committee, as per rules. [ N.D.Deshpande,J.] [ Naresh H. Patil,J.] pcr/o/wp1016.07