1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 4209/2010 Altaf Abbasmiya Sheikh -VERSUS- The State of Maharashtra and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : 16.06.2011. Heard Ms. Richa Inamdar, learned Counsel holding for Smt. Neeta Jog, learned Counsel for petitioner and Shri Jichkar, learned A.G.P. for respondent nos. 1 and 2. By consent Rule is made returnable forthwith and the matter is taken up for final disposal. The learned Counsel for petitioner points out that while invalidating caste claim of petitioner as belonging to “Chapparband 2 community”, the Scrutiny Committee has mentioned the certificate of validity of one Asif Mushtaqali Sayyad, as filed by the present petitioner. According to her, that certificate was not filed and was not relevant in the present matter. The certificate of one Mehtab Madaarmiya Sheikh issued on 16.02.2004 (Annexure-C with the Petition) was filed and along with it appropriate affidavit showing the relationship with him was also supplied. That affidavit and certificate has not been looked into. It is pointed out that in some what similar circumstances, this Court has on 09.06.2011 allowed Writ Petition Nos. 4208 and 4211 of 2010. Shri Jichkar, learned A.G.P. has produced the records of respondent no.2 Committee before us. The record shows that certificate of validity filed by the petitioner is not of Asif Mushtaqali Sayyad, but of Mehtab 3 Madaarmiya Sheikh. The affidavit showing family tree is also on record. It is, therefore, apparent that the relevant document on record has not been looked into by the respondent Committee. Therefore, the consideration by the Committee is vitiated, hence, for the reasons recorded in the judgment dated 09.06.2011 and also the non- application of mind noticed above, the impugned order dated 13.07.2010 is hereby quashed and set aside. The matter is placed back for consideration before the respondent no.2 in terms of the earlier order dated 09.06.2011 in Writ Petition No. 4208 and 4211 of 2010. Writ Petition is allowed. Rule is made absolute in the aforesaid terms, with no order as to costs. JUDGE JUDGE Rgd