(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 10140 of 2009 (In Civil Application No. 88 of 2009) (In Writ Petition No. 5140 of 2008) Atmaram s/o. Gorakh Malke, Age : 50 years, Occupation : Agriculture, R/o. Virwade, Taluka : Chopda, District : Jalgaon. .. Applicant. versus 1. The State of Maharashtra, Through the Secretary, Rural Development Department, Mantralaya, Mumbai - 32. 2. The Collector, Jalgaon. 3. Caste Certificate Scrutiny Committee, Nasik Division, Nasik, Through the Divisional Social Welfare Officer, Nasik. 4. Prajakta d/o. Gajendrasingh Jadhao, Age : 22 years, Occupation : Education, C/o. Shri Gajendrasingh Siratsingh Patil, Lecturer, GT Patil College, Nandurbar, Taluka & District : Nandurbar. (2) 5. Shri Gulabrao Kharat, Age : 45 years, Occupation : Govt. Service, Presently as District Supply Officer, C/o. Collectorate, Ahmednagar, Taluka & District : Ahmednagar. ....................... Mr. R.R. Mantri, Advocate, for the applicant. Mr. S.N. Kendre, Assistant Government Pleader, for respondent nos.1 and 2. Mr. C.K. Shinde, Advocate, for respondent no.3. Mr. S.B. Talekar, Advocate, for respondent no.4. Mr. Deepak K. Rajput, Advocate, holding for Mr. B.R. Warma, Advocate, for respondent no.5. ........................ CORAM : B.R. GAVAI & SHRIHARI P. DAVARE, JJ. DATE : 22ND JUNE 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. The petitioner is seeking review of the order passed by this court, dated 12th January 2009, thereby dismissing Writ Petition No. 5140/2008, and the order dated 25th June 2009, (3) passed in Review Application No. 88 of 2009, thereby dismissing the Review Application. 2. The respondent no.4 herein had filed Writ Petition No. 4491/2008, praying for quashing the order dated 8-7-2008, invalidating the caste claim of the petitioner passed by the Chairman of the Caste Certificate Scrutiny Committee. In a Committee consisting of three Members, two Members had held that the petitioner therein has proved that his caste claim is valid. However, the Chairman had disagreed and held that the claim is invalid. 3. The said petition was allowed on 29th July 2008 by the Division Bench of this court. In the meantime, the petitioner had also approached this court by way of Writ Petition No. 5140/2008, claiming that the respondent no.4 does not belong to "Rajput Bhamta" and that the validity certificate issued to him was issued fraudulently. When Writ Petition No. 5140/2008 came up for hearing before this court (Coram : Smt. N.N. Mhatre & B.R. Gavai, JJ.), this court found that since the claim of the respondent no.4 herein was held to be valid by a coordinate Bench of this court, there is no merit in the petition and the same was, therefore, rejected. 4. In the meantime, the petitioner had also approached (4) this court by Civil Application No. 88/2009, seeking review of the order passed in Writ Petition No. 5140/2008. While dismissing the said review application, we had observed, that so long order passed in Writ Petition No. 4491/2008 stands, invoking of review jurisdiction was not permissible for this court. Subsequently, the present petitioner had moved the Division Bench of this court by way of Civil Application No. 5563/2009, seeking review of the order passed by this court on 29th July 2008, in Writ Petition No. 4491/2008. The said Review Application has been allowed by this court vide order dated 14th September 2009, by finding that the present petitioner was the one who had moved the Scrutiny Committee by filing a complaint alleging that the petitioner therein does not belong to "Rajput Bhamta". It was found that though the present petitioner was a necessary party in the said petition, and it was rightly impleaded by the petitioner, the court could not have disposed of the petition without issuing notice to the present petitioner. As a consequence of the order dated 14th September 2009, Writ Petition No. 4491/2008 stands restored to its file and we are informed that the same is pending for admission before coordinate Bench. 5. It can thus be seen that the basis on which we had dismissed the present petition i.e. Writ Petition No. 5140/2008, that the caste claim of the respondent no.4 herein was validated (5) by coordinate Bench, ceases to exist. Since Writ Petition No. 4491/2008 is restored to file, the ground on which the present Writ Petition was rejected, no longer exists. For the same reason, the ground on which we refused to entertain the review jurisdiction vide order dated 25th June 2009, also ceases to exist. In that view of the matter, we are inclined to allow the Review Application. 6. In the result, the Review Application is allowed in terms of prayer clause "B". Writ Petition No. 5140 of 2008 is restored to file. Parties will be at liberty to apply for hearing of the said Writ Petition along with Writ Petition No. 4491/2008. Needless to state, that we have not observed anything on merits of the matter and the parties are at liberty to raise all the grounds that they are entitled to raise in accordance with law. ( SHRIHARI P. DAVARE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca10140