(1) WP 4502.2005+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4502 OF 2005 WITH CIVIL APPLICATION NO.9337 OF 2005 IN W.P.4502 OF 2005 AND CIVIL APPLICATION NO.512 OF 2008 IN W.P.4502 OF 2005 Vinayak S/o Venkatrao Bendle PETITIONER/ APPLICANT VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. S.M. Vibhute, Advocate for the Petitioner. Mr. S.K. Tambe, A.G.P. for the Respondent-State. Mr. A.R. Salve, Advocate for the respondent no.2 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 27TH SEPTEMBER, 2011 ORAL ORDER: 1. By consent, the petition is heard finally. 2. The petitioner has approached this Court, being aggrieved by invalidation of his claim of belonging to Mahadeo Koli Scheduled Tribe. 3. During the pendency of the present Petition, the claim of the petitioner's first cousin namely, Sanjay Dadarao Bendle has been validated by the respondent-Scrutiny Committee vide order dated 24.5.2007. (2) WP 4502.2005+ 4. A perusal of the genealogy, which is placed on record would atleast prima facie reveal that the petitioner's father Venkatrao and Sanjay's father Dadarao are the real brothers. 5. In that view of the matter, we find that it would be appropriate to direct the respondent no.2- Committee to reconsider the claim of the petitioner, in the light of the validity certificate already issued in favour of the first cousin of the petitioner. 6. Rule is therefore made absolute in terms of prayer clause (B). The matter is remitted back to the respondent no.2 i.e. the Committee for Scrutiny and Verification of Tribe Claims, Aurangabad to decide the claim of the petitioner in the light of the aforesaid observations. The claim, on remand, shall be decided within a period of three (3) months from today. Consequently, Civil Application nos. 9337 of 2005 and 512 of 2008 also stand disposed of. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/