UMESH SHANKAR YADAVQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . By consent, rule is made returnable forthwith. Heard parties.

(2.) PETITIONER had filed present petition making a grievance that the Sub Divisional Officer has failed to give a decision in respect of caste claim of Petitioner's daughter Kum.Swati, though the matter was pending before him since 1995. Pending Petition, the Sub Divisional Officer, by an order passed on 29th of November, 1997 has now decided the case and has invalidated the petitioner's caste claim, as belonging to Mahadeo Koli, Scheduled Tribe. In view of the decision, the Petitioner would be entitled to prefer an appeal to the Caste Scrutiny Committee in view of the Government Resolution dated 11th of August, 1997 which has been issued in view of the decision of the Supreme Court in the case of "Kum.Madhuri Patil and another V/s Additional Commissioner, Tribal Development, Thane and others" "JT 1997 (5) S.C. 643". Petitioner agrees to prefer such an appeal before the Scrutiny Committee within a period of 15 days from today. On such an appeal being filed within the aforesaid period, the Scrutiny Committee will decide the appeal expeditiously on merits and in accordance with law.

(3.) ADMISSION so granted will, however, not be cancelled for a period of six weeks from the decision of the Appeal, should the same be adverse to the Petitioner.