SAU RAMATAI MADHUKARRAO TAPRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Gilda, learned counsel for the petitioner and Mr. P.B. Patil , learned counsel for the respondent no.2. Rule made returnable forthwith by consent of the parties.

(2.) THE Writ Petition is directed against the order dated 3rd October, 2001, passed by the Caste Scrutiny Committee, whereby the caste claim of the petitioner as belonging to Koil Mahadeo , Scheduled Tribe, came to be invalidated.

(3.) THE learned counsel tried to assail the impugned order on the ground of jurisdiction also, and contended that the Additional Collector, before whom the application under Section 16, read with Section 33 of the Bombay Village Panchayats Act is pending, is the only competent authority to refer the matter of the petitioner for the purposes of verification of the caste claim of the petitioner to the Caste Scrutiny Committee. Since in the present case, the caste claim is not referred by the Additional Collector, who is seized of the above referred proceedings, the Caste Scrutiny Committee was not justified in adjudicating the matter in respect of the caste of the petitioner and therefore, the order is bad in law on this ground.