Rajender Singh Arora v. State Of Chhattisgarh And ORS.
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT APPEAL NO. 547 OF 2013
1. Rajendra Singh (Arora), S/o Shri Sujan Singh, aged about 52 years, Corporator, Municipal Corporation Bhilai, R/o MIG 10, Vaishali Nagar, Supela, Bhilai Nagar, District - Durg (Chhattisgarh) ... Appellant Petitioner
Versus
1. State of Chhattisgarh, through (a) Secretary, Department of Tribal Welfare, DKS Bhawan, Mantralaya, Raipur, District Raipur (Chhattisgarh) (b) Secretary, Department of Urban Administration & Development, DKS Bhawan, Mantralaya, Raipur, District Raipur (Chhattisgarh)
2. Commissioner, Directorate of Urban Administration & Development, RDA Building, 1st Floor, Bajrang Market, Raipur, District Raipur (Chhattisgarh)
3. Anusuchit Janjati Praman Patra Uchcha Stariya Chhanbin Samiti, through it's Secretary, Pandit Ravishankar Shukla University Parisar, Raipur, District Raipur (Chhattisgarh)
4. Collector Durg, District Durg (Chhattisgarh)
5. Superintendent of Police, Durg, District Durg (Chhattisgarh)
6. Samay Lal Sahu, son of Shri Mahnguram Sahu, age not known to the petitioner, resident of Santoshipara, Camp-2, Bhilai, Dist. Durg (Chhattisgarh)
7. Shri Rama Vishwakarma, S/o Shri Chetram Vishwakarma, age not known to petitioner, resident of Baikunthnagar, Camp 2, Bhilai, Distt. Durg (Chhattisgarh) ... Respondents WRIT PETITION (C) NO. 1481 OF 2013
1. Rajendra Singh (Arora), S/o Shri Sujan Singh, aged about 61 years, Speaker and Councilor, Municipal Corporation Bhilai, and R/o MIG 10, Vaishali Nagar, Supela, Bhilai Nagar, District - Durg (Chhattisgarh) ... Petitioner
Versus
1. State of Chhattisgarh, through the Secretary, Department of Urban Administration and Development, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)
2. Commissioner/Director, Directorate of Urban Administration and Development, RDA Building, 1st Floor, Bajrang Complex, Raipur, District Raipur (Chhattisgarh)
3. Commissioner, Municipal Corporation, Bhilai, District Durg (Chhattisgarh) ... Respondents
-2For Appellant/Petitioner :
Mr. Ashish Shrivastava, Mr. Animesh Verma and Mr. S. Rai, Advocates.
For Respondents/State :
Mr. Prafull Bharat, Addl. Advocate General.
For Respondents 6 & 7 :
Mr. Jitendra Pali, Advocate.
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Navin Sinha, C.J.
15/04/2015 1.
This order shall dispose off both Writ Appeal No.547 of 2013 and Writ Petition (C) No.1481 of 2013.
2.
In view of the fact that the Appellant/Petitioner proposes to avail the benefit of the observations contained in paragraph 29 of the order dated 10.7.2013 passed in Writ Petition (C) No.4944 of 2009 giving rise to Writ Appeal No.547 of 2013, it is not considered necessary to take notice of the facts except to the extent necessary.
3.
Suffice it to observe that if the Appellant/Petitioner moves the authorities for grant of a fresh caste certificate as belonging to the Lohar OBC category and supports it by necessary and requisite evidence in accordance with law, the authorities concerned shall decide it afresh without being prejudiced by the earlier orders of the Caste Scrutiny Committee or the earlier orders of this Court.
4.
Both the Applications are disposed.
(Navin Sinha) (P. Sam Koshy) Chief Justice Judge /sharad/