BABAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned respective counsel for the parties, the petition is taken up for final hearing at the stage of admission.

(2.) By the present petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 13.10.2006, passed by respondent no. 2 Committee, invalidating the Tribe claim of the petitioner belonging to Mannerwarlu Scheduled Tribe and prayed for quashment thereof.

(3.) The petitioner claims that he belongs to Mannerwarlu Scheduled Tribe and initially respondent no.2 Committee invalidated his tribe claim as belonging to Mannerwarlu Scheduled Tribe on 18.9.2002. The petitioner challenged the said order dated 18.9.2002 before this court by filing Writ Petition No. 7674 of 2005. Accordingly, the said petition came to be allowed partly by this court and this court by order dated 16.12.2005, quashed and set aside the order dated 18.9.2002 passed by respondent no.2 Committee, and remanded the matter back to respondent no.2 Scrutiny Committee, with directions to make de novo inquiry and to take fresh decision in the matter on its own merits and in accordance with law, and liberty was granted to the petitioner to lead evidence before the said Committee. Thereafter, the petitioner appeared before respondent no.2 Committee and submitted the documentary evidence before it comprising of about 12 documents, as stated in paragraph no.3 of the present petition.