1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4391 OF 2010 Rekhabai w/o Amrut Ishi, age 35 years, occupation household, r/o Anturli, Taluka Shirpur,Dist.Dhule Petitioner versus 1. The State of Maharashtra through its Principal, Secretary, Tribal Welfare Department, Mantralaya, Mumbai-32. 2. The Caste Scrutiny Committee For Verification of Scheduled Tribe Caste Claim, Nandurbar, through its Chairman. Respondents. ------- Shri P.D.Bachate, Advocate for the Petitioner. Smt. A.V.Gondhalekar, A.G.P. for Respondent No.1. Shri R.P. Phatake, Advocate for Respondent No.2. Coram : R.S. Mohite and Shrihari P.Davare, JJ. Date : 2nd September, 2010 ORAL JUDGMENT (Shrihari P. Davare, J.) 01. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, writ petition is taken up for final hearing. 2 02. By the present petition filed under Article 226 of the Constitution of India, the petitioner has prayed that; "B. By way of writ of mandamus or any other appropriate writ, order or directions in the like nature, the Hon'ble High Court may kindly direct the respondent No.2 Caste Scrutiny Committee and the vigilance cell of the Scrutiny Committee to incorporate all the information collected during the enquiry in the report of vigilance cell, before deciding the caste validity certificate of the petitioner belongs to Tokare Koli Scheduled Tribe Category. "C. By appropriate writ, order or directions in the like nature, the Hon'ble High Court may kindly direct the respondents not to give the effect and implementation of any adverse o0rder if 3 passed against the petitioner, thereby invalidating the caste claim of the petitioner belongs to Tokare Koli, Scheduled Tribe, for the period of 15 days and for that purpose issue necessary orders. 03. Shri P.D.Bachate, learned Counsel for the petitioner, on instructions, made a statement that the petitioner does not press prayer clause "C" of present petition. The said statement is accepted and taken on record. 04. The petitioner claims to be belonging to Tokare Koli recognized as Scheduled Tribe by the Presidential Order in the State of Maharashtra and states that the Executive Magistrate, Jalgaon, has issued the Caste Certificate in her favour on 13.4.1989. The Petitioner also submits that she she contested the election of Zilla Parishad, Dhule and has been elected as Counciloor of Zilla Parishad, Dhule. Thereafter, the Collector referred the caste certificate of the petitioner 4 for verification to the Scrutiny Committee- Respondent No.2. The petitioner appeared before the said Committee and submitted necessary documents. The Vigilance cell of the Caste Scrutiny had conducted the enquiry and collected the docuaments during the said enquiry. 05. It is the grievance of the petitioner that, the Caste Scrutiny Committee served the documents on the petitioner and the petitioner found that important documents collected by Vigilance Cell of the Scrutiny Committee during the enquiry were not part and parcel of the vigilance report. The Petitioner, therefore, filed written submission and pointed out that particular documents were not part and parcel of the vigilance report and requested to incorporate those document in the vigilance report. Thereafter, petitioner filed present writ petition, seeking directions to Respondent No.2-Scrutiny Committee to incorporate all the information/documents collected in the enquiry, as part and parcel of the vigilance report. 5 06. On the aforesaid background, Shri R.P.Phatke, learned Counsel for Respondent No.2- Scrutiny Committee, on instructions, made a statement that the documents collected by the vigilance cell in the enquiry shall be included as part and parcel of the vigilance report. The said statement is accepted and taken on record. 07. In view of the aforesaid statement and its acceptance, nothing survives in the present petition and, therefore, the same stands disposed of. Rule is made absolute, accordingly. (Shrihari P. Davare, J.) (R.S. Mohite, J.) pnd/wp4391.10 6