1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2383 OF 2010 Resha D/o Eknath Gavane (Rekulwad) } Age : 20 Years, Occ. : Education, } R/o : Gavan, Tq. Jalkot, } Dist. Latur. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary } Tribal Development Department, } Mantralaya, Mumbai - 32. } 2. The Scheduled Certificate Scrutiny } Committee, Aurangabad Division, } Aurangabad through its } Dy. Director ( R ), Aurangabad. } 3. The Sub Divisional Officer } Udgir, Tq. Udgir, } District : Latur. } .... RESPONDENTS Mr. P.V.Jadhavar, Advocate for petitioner. Mrs. A.V.Gondhalekar, Assistant Govt. Pleader for State. Mr. P.S. Patil, Advocate for respondent no. 2. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 05/04/2010 2 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. 2. We have heard Mr. P.V.Jadhavar, Advocate for petitioner, Mrs. A.V.Gondhalekar, Assistant Govt. Pleader for State and Mr. P.S. Patil, Advocate for respondent no. 2. 3. The petitioner impugns the order passed by the Sub Divisional Officer, Udgir dated 4/9/2009, dismissing the application filed by the petitioner as well as the order passed by the Scrutiny Committee in Appeal, dated 27/10/2009 dismissing the Appeal filed by the petitioner. 4. The petitioner, who was desirous of obtaining a Caste Certificate as belonging to Koli Mahadeo – Scheduled Tribe, submitted an application before the competent authority. The application came to be placed before the Sub Divisional Officer, Udgir, who by the impugned order rejected the application. The rejection is based on twin grounds i.e. that the petitioner had failed to produce adequate documents to establish that the petitioner belong to Koli Mahadeo – Scheduled Tribe and that the Sub Divisional Officer, Udgir lacked the necessary territorial jurisdiction to decide the said application. 3 5. We fail to understand as to why the Sub Divisional Officer, Udgir decided the application on merits after recording the finding that he did not have requisite territorial jurisdiction. It was incumbent on the Sub Divisional Officer, Udgir to have transmitted the said application to the authority having the requisite jurisdiction in case the Sub Divisional Officer, Udgir came to the conclusion that he did not have the necessary jurisdiction. 6. In that light of the matter, therefore, according to us, the order impugned in the present petition is unsustainable and deserves to be quashed and set aside. We accordingly allow this petition and quash and set aside the impugned order and direct the Sub Divisional Officer, Udgir to transmit the application of the petitioner to the authority competent to decide the application of the petitioner. This be done within two weeks from the date of receipt of the Writ of this Court. 7. Rule is thus made absolute in the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2383.10 ( J ) 4