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Judgment
(PER NITIN B. SURYAWANSHI, J) :
. This petition challenges the decision of the Committee dated 21.04.1998 rejecting the tribe claim of the petitioner that he belongs to Thakur Scheduled Tribe. Rule was granted in this petition on 11.02.2000.
At the time of final hearing of the petition, the petitioner has relied on validity certificates issued in favour of his blood relatives i.e. real cousin sister Bebi Saroja, cousin brothers Pandit, Hari, Mahesh, Girish, Ravi, uncle Dhanoji Arjun Pawar, sons of paternal aunt Laxmikant Prakash Survase and Govind Raghunath Suryawanshi, service book entry, sale deed, revenue documents and this Court’s order. Certain judgments and citations are also placed on record in support of claim.
Learned A.G.P assisted by the Law Officer of the Committee submits that there is a reason to dispute the relationship of the petitioner with some of the validity holders. We cannot go into disputed questions of facts.
In the peculiar facts of the present case, we deem it appropriate to quash and set aside the impugned order of the Committee and remand the matter back for fresh consideration to the Committee. Petitioner shall be entitled to rely upon the above referred documents and additional documents, if any in possession of the petitioner in support of his claim. The Committee shall decide the matter on merits after giving opportunity of hearing to the petitioner and after taking into consideration the authoritative pronouncements of this Court as well as the Supreme Court.
Considering the fact that the petitioner has completed his post graduation and he is not in position to get Government employment due to lack of validity, the Committee is directed to decide the claim of the petitioner within three months from the date of receipt of writ of this order.
Rule is made absolute in the above terms with no order as to costs.