BHAU DAMU VADJE Vs. KASHINATH NATHU GHODE

JUDGEMENT

(1.) THE Respondents are absent. None present for them though served. THE matter pertains to the year 1987. It has been mentioned in the Board as the matter listed for final hearing. THErefore, this Court is hearing this writ petition and deciding it treating the Respondents ex-parte.

(2.) THE petitioner is hereby assailing of the correctness, propriety and legality of the judgment and order passed by the Additional Commissioner, Nashik Division, Nashik Road in Caste Appeal No. 1/9/1984 dated 31. 3. 1987 whereby the complaint made by the Petitioner challenging the caste certificate which was issued in favour of Respondent Nos. 1 and 2 by Tahasildar, Baglan dated 18. 12. 1979 declaring that both the Respondents are belonging to Scheduled Tribe known as Mahadev Koli, was dismissed. For unfolding the controversy, some facts need to be stated.

(3.) THE said judgment and order was challenged by the respondent nos. 1 and 2 by filing Writ Petition bearing No. 4533 of 1985. While deciding the said writ petition, the Division Court of this Court passed a judgment and order on 28. 1. 1986 by which it was held that the Divisional Commissioner Nasik without giving an opportunity to present Respondent Nos. 1 and 2 to present those 18 certificates passed the said judgment and order and while doing so infringed the rule of natural justice. By the said judgment and order, the rule issued was made absolute and the matter was remanded back to the Commissioner for fresh enquiry and decision. In view of the order, the Additional Commissioner, Revenue, Nasik Road, held the enquiry and passed the judgment and order which has been assailed by the present petitioner by this writ petition.