27wp4406.07.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4406 of 2007 (Dnyandeo s/o. Sheshrao Bopte. vs. Z.P., Buldhana and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & A. P. Bhangale, JJ. Date : 2/7/2009. Heard Mr. S. P. Kshirsagar, Adv. for petitioner, Mr.G.G.Mishra, Adv. for respondent nos. 1 to 3 and Mr.N.W.Sambre, Government Pleader for respondent no.4. This petition is directed against the impugned order dt. 31.5.2007 passed by the Caste Scrutiny Committee whereby the caste claim of petitioner as belonging to ‘Koli Mahadeo’ Scheduled Tribe came to be invalidated. Counsel for petitioner states that the impugned order is violative of principles of natural justice since the petitioner was not given an opportunity of hearing by the Committee before passing the impugned order. Counsel for petitioner, therefore, submitted that, the order being in violation of principles of natural justice, cannot be sustained in law. Mr. N. W. Sambre, Adv. for respondent no.4/Caste Scrutiny Committee has submitted that notice was issued to the petitioner on 28.4.2006 and copy of enquiry report was annexed with the said notice whereby petitioner was called 27wp4406.07.sxw 2 . upon to file his reply. Petitioner though sent his reply through post on 13.11.2006; however, the same was not signed either by the petitioner or anybody on his behalf. It is further contended that the Committee vide notice dt. 13.3.2007 called upon the petitioner to attend hearing on 25.4.2007 which was though received by the petitioner on 17.4.2007, however, petitioner failed to appear before the Committee on 25th April, 2007. It is contended that the caste claim of petitioner was directed to be decided on or before December, 2005 by the order of this Court and since the petitioner, in spite of service of notice, failed to appear before the Committee, therefore, the Committee considered the claim of the petitioner on merits of the matter. Mr. N. W. Sambre, Government Pleader has submitted that the Committee has taken into consideration the oldest document dt. 23.6.1949 pertaining to the father of petitioner wherein the caste mentioned was ‘Suryavanshi’; similarly, another document pertaining to real uncle of the petitioner wherein the caste mentioned was Koli. It is contended that since a person inherits caste by birth and the document pertaining to father of petitioner mentions his caste as “Suryavanshi”, hence, the Caste Scrutiny Committee held that no case is made out to hold that the petitioner belongs to ‘Koli Mahadeo’ Scheduled Tribe. Considered the contentions canvassed by the respective parties. Perused the impugned order passed. In the instant case, the above referred facts are not specifically 27wp4406.07.sxw 3 . controverted. It is evident that, in spite of service of notice, petitioner failed to appear before the Caste Scrutiny Committee and therefore, he cannot now make a grievance that the order is violative of principles of natural justice. Even otherwise, it is not the case of petitioner that the document dt. 23.6.1949 pertaining to his father was/is not a genuine document collected during the course of enquiry. In absence thereof, we find no fault with the order passed by the Committee holding that the petitioner failed to establish that he belongs to ‘Koli Mahadeo’ Scheduled Tribe. In the circumstances, no case is made out for showing indulgence. Hence, the petition is dismissed. JUDGE JUDGE jais