← Library
High Court Of ChhattisgarhWPC/1548/2015allowed

Ku. Rekha Khairwar v. State Of Chhattisgarh

2015-09-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.1548 of 2015 Ku. Rekha Khairwar D/o Shri Raghuvanshmani Khairwar, Aged About 24 Years R/o Village Mendra, Tahsil Takhatpur, P. S. Chakarbhata, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

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

2. Additional Collector Bilaspur, District Bilaspur Chhattisgarh.

3. Sub Divisional Officer ( Revenue) Kota District Bilaspur (Chhattisgarh)

4. Additional Tehsildar Sakri ( Takhatpur) District Bilaspur (Chhattisgarh) ---- Respondent For Petitioner :

Shri Jitendra Pali, Advocate For Respondent/State :

Shri S. P. Kale, Dy.A.G.

Order On Board 09/09/2015 Heard.

2.

Short submission of learned counsel for the petitioner is that the application of the petitioner for issuance of permanent caste certificate was rejected by the Sub Divisional Officer, which has been affirmed by the Collector vide order dated 15-102014. Learned counsel for the petitioner submits that the main operative reason for rejection of application for issuance of permanent caste certificate is that the petitioner has failed to place on record any documents prior to year 1950. 3.

In the case of Ramsajiwan vs. State of Chhattisgarh and others1 this Court directed to consider the case and pass appropriate order without insisting on production of land records prior to year 1950, as land records alone are not the W.P.S.No.6616-2008, decided on 19-08-2010

requirement. Similar order was passed by this Court in the case of Anjali Kujur vs. State of Chhattisgarh and others2. It appears that aforesaid two orders passed by this Court dealing with the issue were not brought to the notice of the Sub Divisional Officer and the Collector while deciding petitioner's case. 4.

The impugned orders, are therefore, set aside and the matter is remanded back to the Sub Divisional Officer to consider the petitioner's application for issuance of permanent caste certificate in accordance with the directions issued by this Court in cases referred to above.

5.

Accordingly, the petition is allowed. It is made clear that this Court has not commented upon the merits of the petitioner's claim. Sd/- Manindra Mohan Shrivastava Judge Tumane W.P.S.No.4620-2011, decided on 12-08-2011