(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8145 OF 2010 Padmakar s/o. Vithalrao Thakur, Age : 43 years, Occupation : Service, R/o. Plot No.54, C-Sector, New Vishal Nagar, Garkheda Area, Opp. Gajanan Maharaj Mandir, Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. 3. The Tahsildar, Tahsil Office, Sillod, Taluka : Sillod, District : Aurangabad. 4. The Manager, Government Press, Aurangabad, Opp. Railway Station, Paithan Road, Aurangabad. .. Respondents. ....................... (2) Mr. K.T. Shirurkar, Advocate, for the petitioner. Mr. S.K. Tambe, Assistant Government Pleader, for respondent nos.1, 3 and 4. Mr. R.P. Phatke, Advocate, for respondent no.2. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 7TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance raised by the petitioner is that though the claim of the petitioner, for deciding his claim of belonging to "Thakur", Scheduled Tribe, is pending before respondent no.2 / Committee, for a considerable length of time, the same has not been decided, as yet. 3. Mr. R.P. Phatke, learned Counsel appearing for respondent no.2 / Committee, makes a categorical statement that the caste (tribe) claim of the petitioner would be decided within a period of six months from today. We accept the statement and (3) dispose of the petition with the following directions. 4. In the result, the petition is allowed. (i) The respondent no.2 / Scrutiny Committee is directed to decide caste (tribe) claim of the petitioner, on its own merits, within a period of six months from today, after giving reasonable opportunity of hearing to the petitioner. (ii) The petitioner shall appear before the respondent no.2 / Scrutiny Committee on 25th October 2010 and, as such, requirement of formal notice to the petitioner, by the Committee, shall stand waived. 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp8145