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High Court Of ChhattisgarhWPC/2993/2018disposed off

Lokesh Kumar Mahadware v. State Of Chhattisgarh

2018-12-03Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2993 of 2018

1. Lokesh Kumar Mahadware S/o Hemant Kumar Mahadware, Aged About 23 Years R/o Radhika Nagar, Bhilai, District Durg Chhattisgarh.

---- Petitioner

Versus

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

2. Collector, Durg, District- Durg Chhattisgarh.

3. Sub-Divisional Officer (Revenue), Durg, District- Durg (Chhattisgarh)

4. Tahsildar, Durg, District- Durg (Chhattisgarh) ---- Respondent For Petitioner Shri Mateen Siddiqui, Advocate For Respondent/State Shri Shashank Thakur, Govt. Adv.

Order On Board By Prashant Kumar Mishra, J.

03/12/2018 1.

This petition has been filed by the petitioner aggrieved by refusal on the part of respondent authorities to issue temporary caste certificate by insisting the petitioner to produce records as proof of residence in respect of the period of 1950.

2.

Learned counsel for the petitioner submits that in view of the order passed by the Division Bench of this Court in Narendra Dehariya v State of Chhattisgarh & Others (WPC No.5070/07) and other connected matters and in Ramsajiwan v State of Chhattisgarh & Others (WPS No.6616/08), the respondent authorities in the matter of issuance of caste certificate cannot insist on that particular record and they are required to consider entitlement on the basis of other material produced before the authority.

3.

Learned State counsel points out that the power to issue permanent caste certificate is with the Sub-Divisional Officer and, as such, prayer that Tahsildar should be directed to issue permanent caste certificate cannot be allowed. 4.

Considering the submission of learned counsel for the parties, I am inclined to dispose of the petition giving liberty to the petitioner to move application before the SDO. The SDO shall consider the application of the petitioner and decide the same in accordance with law in the matter of issuance of caste certificate keeping in view the order passed by the Division Bench of this Court including the order passed in Ramsajiwan (supra) within a period of three months. 5.

Accordingly, the writ petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Gowri