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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR

WRIT PETITION NO.4793 OF 2009

PETITIONER:

Shri Laxmayya Rajam Nagula , aged about 56 years, occ : service, r/o Nagbhid, at and post Nagbhid, district Chandrapur VERSUS

RESPONDENTS:

1] The State of Maharashtra, through its Secretary, Department of Tribal Development Mantralaya, Fort, Mumbai 400 032. 2] The Divisional Caste Scrutiny Committee (II), Nagpur Division, Chandrapur, District : Chandrapur 3] Deputy Conservator of Forest, Forest Department, Brahmapuri, Tah. Brahmapuri District : Chandrapur =================================================== Shri A. S. Kilor, advocate for petitioner Shri S.J. Jichkar, AGP for respondents =================================================== CORAM: S.A. BOBDE AND SMT. VASANTI A. NAIK, JJ. DATE: 5TH MARCH, 2010

ORAL JUDGMENT: [PER : S.A. BOBDE, J.

Rule returnable forthwith. Heard by consent.

It is an admitted position that the Vigilance Report was not 2

obtained before deciding the petitioner's caste claim. This lacuna is

sufficient to vitiate the order. We accordingly set aside the impugned

order and remand the matter back to the Scrutiny Committee for fresh

decision in accordance with law, within a period of six months from

today. Petitioner shall appear before the committee on 18.3.2010. All

issues are left open.

Rule made absolute in the above terms.

JUDGE JUDGE

SMP.