Kishor Kumar Vaidhya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2988 of 2017 Kishor Kumar Vaidhya S/o Ganesh, Aged about 55 years, Caste Mahar, R/o Mamta Nagar Rajnandgaon, District Rajnandgaon Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh, through its Secretary, Department of Tribal Welfare, Mahanadi Bhawan Naya Raipur Chhattisgarh.

2. The Collector, Rajnandgaon, District Rajnandgaon Chhattisgarh.

3. The Sub Divisional Officer (Revenue) Rajnandgaon District Rajnandgaon Chhattisgarh.

4. The Tahsildar, Rajnandgaon, District Rajnandgaon Chhattisgarh. ---- Respondents For Petitioner :

Mr. Ravi Kumar Bhagat, Advocate.

For Respondents/State :

Mr. Arun Sao, Dy. Adv. General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/11/17 1.

By the impugned order dated 23.05.2017, the Sub-Divisional Officer (Revenue), Rajnandgaon, has rejected the petitioner's appeal for issuance of caste certificate, feeling aggrieved against which this writ petition has been preferred by the petitioner.

2.

Learned counsel appearing on behalf of State would submit that against the impugned order dated 23.05.2017, appeal would lie before the Collector, Rajnandgaon under Section 5 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short the "Act of 2013").

3.

Learned counsel appearing on behalf of petitioner would submit that he may be allowed to prefer an appeal before the Collector, Rajnandgaon under the Act of 2013.

4.

I have heard learned counsel for the parties. 5.

The prayer appears to be fair and reasonable and is accordingly allowed.

6.

Be that as it may, the petitioner is at liberty to prefer an appeal before the Collector, Rajnandgaon within ten days from today. If such an appeal is preferred by the petitioner under the Act of 2013, then, the Appellate authority shall do well to consider and decide the petitioner's appeal expeditiously.

7.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka