Arvind Kumar Chaudhary v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3253 of 2016 • Arvind Kumar Chaudhary S/o Shri C.L. Chaudhary, Aged About 37 Years R/o Village Bhogahapara, Post & P.S. Sheori-Narayan, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Revenue, Mahanadi Bhawan, Mantralaya, Post & P.S. Mandir Hasaud, Raipur Chhattisgarh

2. Collector, Janjgir Champa, Collectorate, Post & P.S. Janjgir Champa Chhattisgarh

3. Sub Divisional OfÏcer, ( Revenue ) Janjgir, Block Nawagarh, Post & P.S. Nawagarh, District Janjgir Champa Chhattisgarh

4. Naib Tahsildar, Sheori-Narayan, Post & P.S. Sheori-Narayan, District Janjgir Champa Chhattisarh ---- Respondent For Petitioner Mr. Jitendra Pali, Advocate For Respondent /State Mr. Ramakant Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 4/1/2017

1. Heard.

2. The petitioner claims to be belonging to "Jatav" Scheduled Caste Community and has applied for issuance of permanent caste status certificate before the SDO(R), Jangjir (CG).

3. The prayer has been made in this writ petition for a direction to

the SDO(R) to decide the petitioner's pending application at the earliest in accordance with the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (in short "the Act, 2013").

4. Learned Dy. AG for the State would refer to the documentAnnexure P/12, which is a communication from the ofÏce of SDO(R), Janjgir, dated 05.10.2012 addressed to the Additional Collector, District Level Caste Scrutiny Committee, JanjgirChampa (CG), mentioning that since the petitioner's father belongs to Village Harauli, Tehsil Madhogarh, District Jalaun (U.P.), permanent caste status certificate cannot be issued in his favour. The SDO(R) has sought guidance from the District Level Caste Scrutiny Committee.

5. Even if the petitioner is not entitled for permanent caste status certificate, the fact remains that his application has not been decided by taking decision on it one way or the other.

6. Therefore, ends of justice would be served, if the writ petition is disposed of with a direction to the SDO(R), Jangjir to decide the petitioner's application for issuance of permanent caste status certificate in accordance with the Act, 2013.

7. Let the decision be taken within a period of 06 months from the date of submission of certified copy of this order before the SDO(R), Janjgir. Sd/- Judge (Prashant Kumar Mishra) Shyna