1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3368 OF 2009 (Vijay @ Fakira s/o Khanduji More and another vs. Divisional Caste Scrutiny Committee and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : DECEMBER 2, 2009 Heard Shri Sirpurkar, learned Counsel for the petitioners, Mrs. Dangre, learned Additional Government Pleader for the respondent nos. 1 to 3, and Shri Gilda, learned Counsel for the respondent no.4. In the present petition, grievance of the petitioners is that respondent no.4 contested Assembly election from seat reserved for Scheduled Caste candidate on the basis of false caste certificate. Shri Sirpurkar, learned Counsel for the 2 petitioners, states that respondent no.4 though obtained caste certificate from the concerned Authority as belonging to “Balai” (Scheduled Caste), however, petitioners have disputed the same. It is contended that even on earlier occasion, petitioners had submitted complaint in this regard before the Caste Scrutiny Committee under Rule 7 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003. However, by the impugned communication dated 30.3.2009, the Caste Scrutiny Committee communicated the petitioners its inability to take any action on the basis thereof. Mrs. Dangre, learned Additional Government Pleader states that if petitioners approach the Caste Scrutiny Committee by filing fresh complaint under Rule 7 of the said Rules, appropriate action as per procedure stipulated under Rule 7 of the said Rules shall be taken. In view of the above referred statement made by the learned Additional Government Pleader, Shri Sirpurkar, learned Counsel for the petitioners, seeks permission to withdraw the petition with 3 liberty to file a fresh complaint before the Caste Scrutiny Committee in respect of caste certificate obtained by the respondent no.4 within one month from today. In the circumstances, the petition is disposed of as withdrawn with liberty as prayed for. Copy of this order authenticated by the Court Sheristedar be given to the learned Additional Government Pleader. JUDGE JUDGE khj