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High Court Of ChhattisgarhWPC/1366/2017disposed off

Yogita Dhurve v. State Of Chhattisgarh

2017-05-15Hon'Ble Shri Justice Manindra Mohan Shrivastava1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1366 of 2017 Yogita Dhurve D/o Pushkar Singh Dhurve, Aged About 26 Years R/o VillageMarka, Tahsil And District- Kabirdham (Kawardha), Civil And Revenue District- Kabirdham (Kawardha) Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Department Of Tribal Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur Chhattisgarh.

2. Commissioner, Department Of Schedule Tribes Welfare, Raipur Chhattisgarh.

3. Collector, District- Kawardha (Chhattisgarh).

4. Sub Divisional Officer, (Revenue) Kawardha, District- Kawardha (Chhattisgarh).

5. Tahsildar, Tahsil- Kawardha, District- Kawardha (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Mirza Hafeez Baig, Advocate For State :

Mr. Dheeraj Wankhede, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/05/2017 Heard.

1.

This petition has been filed by the petitioner for direction to respondent authorities to recognize and give benefit to the petitioner's status as 'gond tribe' 1⁄4xkSaM tkfr1⁄2 on the strength of such certificate issued in the State of Madhya Pradesh. 2.

It is the case of the petitioner that the petitioner was born in the State of Chhattisgarh and therefore, the petitioner is entitled to recognize and status as scheduled tribe 'gond' in relation to the State of Chhattisgarh as provided under Article 14 of the Constitution of India.

3.

The petitioner's claim for issuance of certificate is required to be examined by the statutory authority constituted under Section 3 of the Chhattisgarh Scheduled Caste, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013. The petitioner may approach the concerned authority and seek issuance of the certificate on the claim raised in this petition rather than approaching this Court directly for issuance of certificate or declaration to that effect. 4.

With the aforesaid liberty, the petition is dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Rekha