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High Court Of ChhattisgarhWPC/2502/2018disposed off

Shiv Prasad v. State Of Chhattisgarh

2018-09-12Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2502 of 2018 • Shiv Prasad S/o Late Shri Ram Das Aged About 87 Years CasteManjhi R/o- Village- Darri, Tahsil- Pendra, Police StationGaurela, Civil and Revenue District- Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Department of Revenue, Mahanadi Bhawan, New Raipur, Civil And Revenue District- Raipur, Chhattisgarh

2. The Collector Bilaspur, Civil And Revenue District- Bilaspur, Chhattisgarh

3. The Sub Division Officer, Pendra, Civil And Revenue DistrictBilaspur, Chhattisgarh ---- Respondent For Petitioner Shri P. M. Shriwas, Advocate For Respondent-State Shri A. S. Kachhawaha, Addl. AG Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 12/09/2018 1.

It is stated that the petitioner has initiated proceedings under Section 170-B of the Chhattisgarh Land Revenue Code, 1959, in which he is required to establish his caste status, but the same is not enquired or investigated, which is causing irreparable harm to the petitioner.

2.

At page 43 of the paper book, caste status certificate has been issued to the petitioner by the Naib Tehsildar, Pendra Road. However, if the petitioner wants to get his caste status affirmed, it

is still open for him to move before the Competent Authority under the Chhattisgarh Scheduled Castes, Scheduled Tribes and other Backward classes (Regulation of Social Status Certification) Act, 2013 (for short 'the Act, 2013') so that in the process of issuance of caste status certificate in favour of the petitioner, the Competent Authority shall examine his eligibility for such status.

3.

Let the petitioner move before the Competent Authority under the Act, 2013 and the Rules framed thereunder within a month and thereafter the said Authority shall examine the petitioner's eligibility and dispose of his application for issuance of caste status certificate within next 3 months.

4.

The writ petition stands disposed of.

Sd/- Prashant Kumar Mishra Judge Nirala