Prem Bai Majhi v. State Of Chhattisgarh And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2012 of 2014 Prem Bai Majhi Aged About 40 Years W/o Ramnarayan Majhi R/o Vill. Basantpur Tah. Champa PS. Birra Dist. Janjgir-Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mantralaya Naya Raipur, Raipur (C.G.)

2. Collector, Janjgir-Champa Dist. Janjgir-Champa (C.G.)

3. Sub-Divisional Officer Champa, Dist. Janjgir-Champa (C.G.)

4. Tehsildar, Bamnhidih Dist. Janjgir-Champa (C.G.) --- Respondents For petitioner- Shri Mateen Siddiqui, Advocate. For State-Smt. Astha Shukla, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 17/07/2019 Heard.

1.

Learned counsel for the petitioner submits that the petitioner has filed an application for issuance of caste certificate which is pending consideration, however the authorities are insisting for production of record prior to 1950. He submits that in similar circumstances in WPC No.1238/2014 order has been passed on 8/08/2014 which reads as under:- "Learned counsel for the petitioner submits that the application filed by the petitioner before the competent authority is pending consideration for issuance of permanent caste certificate and the authorities are insisting for production of records prior to 1950. He submits that recently the State Government has issued a new circular dated 26/08/2013 to lay down procedure for consideration of application in such cases. He submits that

the competent authority be directed to dispose off the application of the petitioner in accordance with the guidelines of the State Government. Learned Deputy Government Advocate for the State does not raise any objection to the aforesaid submission and stated that directions may be issued to the competent authority to consider the application of the petitioner in accordance with the State Government circular dated 26/08/2013."

2.

Learned State counsel do not dispute the same. 3.

Considering the submission made by learned counsel for the parties, it would be proper to direct the respondent authority to consider the application of the petitioner in accordance with the State Government circular dated 26/08/2013, other guidelines issued by the State Government and the orders passed by this Court from time to time. Considering the fact that issue relates back to 2014 it is directed that the matter be decided as expeditiously as possible. 4.

With the aforesaid direction, the petition is finally disposed off. Sd/- (Goutam Bhaduri) JUDGE gouri