Rajendra Kumar v. Shri Dhananjay Dewangan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 448 of 2016 • Rajendra Kumar S/o Shri Udan Lal, Aged About 56 Years R/o Village Kachhari Para, Kawardha, District Kabirdham, Chhattisgarh ---- Petitioner

Versus

• Shri Dhananjay Dewangan Collector, District Kabirdham, Chhattisgarh .................(Contemnor) ---- Respondent For Petitioner :

Smt. Renu Kochar, Advocate For Respondent :

Shri Rajeev Shrivastava, Advocate Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 06.02.2017 1.

Vide judgment dated 27.11.2013 this Court remitted back the matter to the Collector, Kawardha with a direction to refer the matter to the Caste Scrutiny Committee to decide whether the petitioner is entitled to Scheduled Tribe certificate or not. This contempt petition was filed complaining that the order has been disobeyed. Now the respondent has filed reply in which it is stated that the petitioner belongs to Dhuri Caste which caste is not declared as Scheduled Tribe by any Presidential order and therefore, no Scheduled Tribe certificate can be issued in his favour.

2.

Learned counsel for the petitioner states that the father of the petitioner was given a Scheduled Tribe certificate prior to 1995. 3.

On the last date, I had directed Smt. Kochar to produce any document to show that Dhuri caste has been declared as Scheduled Tribe by Presidential order or by Act of Parliament. No such document has been produced.

4.

I am clearly of the view that this Court has not given any direction that the petitioner should be issued a caste certificate. The only direction was that his case should be considered. Now a decision has been taken and if the petitioner is aggrieved by the said decision, he may file a writ petition, but cannot say that respondent has committed contempt of Court.

5.

The contempt petition is accordingly dismissed. Sd/- (Deepak Gupta) CHIEF JUSTICE Chandra