High Court Of ChhattisgarhWPC/1598/2020disposed off

Koche Vaishali Dada Ji v. State Of Chhattisgarh

2020-08-21Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(C) No. 1598 of 2020

1. Koche Vaishali Dada Ji W/o Milind Charandas Shahare Aged About 41 Years R/o Quarter No. 2k3a, Hirri Dolomite Mines District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mantralaya, Naya Raipur, Raipur, Chhattisgarh

2. Collector, Bilaspur District Bilaspur, Chhattisgarh

3. Sub- Divisional Officer (Revenue) Bilaspur District- Bilaspur, Chhattisgarh

4. Tahsildar, Sakri District Bilaspur, Chhattisgarh ---Respondents For Petitioner :

Ms. Diksha Gouraha, Adv.

For State/Respondents :

Mr. Vivek Ranjan Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2020

1. The grievance of the petitioner in the present writ petition is the oral denial of issuance of caste certificate to the petitioner by the respondent no.4, for want of documents prior to 1950 establishing that she was a resident of State of Chhattisgarh.

2. Learned Counsel for the State at this juncture submits that there does not seem to be any proceedings pending or even filed by the petitioner which could give rise to a cause of action for this Court to issue a writ of mandamus. According to the State Counsel, unless the petitioner approaches the respondent No. 4 with a duly filled in application and the respondent No. 4 takes a decision against the petitioner, she can not have a grievance at this juncture.

3. Given the submissions made by the Counsel for the respondent/State, this Court is of the opinion that the present writ petition itself can be disposed of directing the petitioner to approach the respondent No. 4 in accordance with law by moving an appropriate application for issuance of a caste certificate. That upon

such application being made, the respondent No. 4 is expected to take a decision in accordance with law, the guidelines and circulars issued by the State Government from time to time in this regard at the earliest preferably within a period of 90 days from the date of representation of the petitioner.

4. With the aforesaid direction, the writ petition accordingly stands disposed of.

Sd/- (P. Sam Koshy) Judge Jyotijha