High Court Of ChhattisgarhWPC/2736/2016disposed off

Ropan Ram Agariya v. State Of Chhattisgarh

2016-11-09Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2736 of 2016 • Ropan Ram Agariya S/o Late Ratnu Ram Aged About 51 Years R/o Dumartoli, Post Songada, Tahsil Manora, District Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, Scheduled Caste & Scheduled Tribe Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. High Level Caste Scrutiny Committee, Through:

Chairman/president, OfÏce At Pt. Ravishankar Shukla University Campus, Raipur, District Raipur, Chhattisgarh

3. Collector, Jashpur, District Jashpur, Chhattisgarh

4. Sub Divisional OfÏcer, Jashpur District Jashpur, Chhatisgarh

5. Tahsildar, Manora, District Jashpur, Chhattisgarh ---- Respondent For Petitioner Mr. Yogesh Chandra, Advocate For Respondent/State Mr. A.S. Kachhwaha, Addl. Advocate General Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 09/11/2016

1. Heard.

2. The petitioner claims to be belonging to "Agariya" community, which is a listed Scheduled Tribe category in the Districts of Sarguja, Koria and Jashpur in the State of Chhattisgarh .

3. Grievance raised in the writ petition is about non-issuance of

permanent caste certificate in favour of the petitioner, for which, he has moved an application before the SDO(R), Jashpur.

4. The question as to whether or not the petitioner belongs to "Agariya" community is not to be decided by this Court at this stage of the proceedings. The same shall be addressed by the SDO(R) while deciding the petitioner's application.

5. For the present, the writ petition is disposed of with a direction to the SDO(R), Jashpur to decide the petitioner's application for issuance of permanent caste certificate within a period of 06 months from the date of submission of certified copy of this order.

6. It is made clear that this Court has not made any opinion one way or the other about the petitioner's caste status, which shall be addressed by the SDO(R), Jashpur while allowing or refusing the application by a reasoned order.

Sd/- Judge (Prashant Kumar Mishra) Shyna