Laxman Hapka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2083 of 2018 • Laxman Hapka S/o Sukluram Hapka Aged About 42 Years Sadsya Chhattisgarh, Aadivasi Samuday Residence Gram Nelsnar Thana Bangapal Tahsil Bhairamgarh, District Bijapur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Secretary Aadimjati And Anuchuchit Jati Vibhag Chhattisgarh State Mantralaya Naya Raipur, District Raipur, Chhattisgarh

2. Samyukat Sanchalak, Through Jatipramanpatra Uch Stariy Chhanbeen Samiti Aadimjati Anusandhan And Prashikshan Sansthan Raipur Pandit Deendayal Upadhyay Nagar Sector, 04 Raipur, District Raipur, Chhattisgarh

3. Collector, Bijapur, District Bijapur, Chhattisgarh

4. Anuvibhagiya Adhikari, Rajasva Bhairamgarh, District Bijapur, Chhattisgarh

5. Tahsildar Office Tahsildar Bhairamgarh District Bijapur, Chhattisgarh

6. President Anusuchit Janjati Ayog Jalvihar Colony Raipur, Chhattisgarh

7. Arjun Nag S/o Bhadrunag Aged About 60 Years

8. Sundar Nag S/o Chhannu Nag Aged About 45 Years

9. Surajnath Baghel S/o Laxminath Baghel Aged About 45 Years 10.Dhaniram Baghel S/o Bhagatram Baghel Aged About 70 Years 11.Puran Baghel S/o Samunda Aged About 30 Years 12.Ramprasad Baghel S/o Mahadev Aged About 50 Years Respondent Nos.7 to 12 are R/o Village Nelsnar Thana Bangapal Tahsil Bhairamgarh, District Bijapur, Chhattisgarh ---- Respondents

For Petitioner Shri A. W. Khan, Advocate For Respondent-State Shri Sameer Beher, PL Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 29/08/2018 1.

It is contended that the petitioner has been making complaint to the Authorities that benefit of Caste Status Certificate has been issued to the persons who are not actually entitled for it. Learned counsel would refer to the order (Annexure-P-1), whereby the complaint filed by the petitioner on earlier occasion was found to be correct, however, the respondent No.2 has passed an order on 07.10.2017 vide Annexure-P-4 in respect of the private respondents without giving opportunity of hearing to the petitioner and the representation filed by the petitioner and other villagers vide Annexure-P-5 has not been considered nor any opportunity of hearing was afforded to the petitioner at the time of deciding the matter by the respondent No.2.

2.

Considering the entire facts situation of the case, the writ petition is disposed of with direction that in the event, the petitioner moves representation before the respondent No.2 within a period of 1 month from today in respect of the caste status conferred on the private respondents, the same shall be considered and decided after hearing both the parties, within a period of next 6 months.

Sd/- Prashant Kumar Mishra Judge Nirala