a^^i 3^ »inaleBench IN THE HON'BLE HIGH COURT OF CHHTTISGARH AT BILASPUR (C.G.) W.P fS) No....l.o.f^'..../2011 PETITIONER: \^&^ ^x'w , ^.:^'/< ..••"' .'^' ^•yxo ,,.^>' j^' ...-•"" ^ ^••'' RESPONDENTS: /ITS'mgTfs.lT.j } ffi*. y-p^' Anjali Kujur Aged about 32 years, D/o Shri Joachin Kujur R/o- Infront of Dhanmandi, Near Tiger Bangla, Torwa, Bilaspur (C.G.) VERSUS r. State of Chhattisgarh Through Secretary, Tribal Welfare Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) 2. Sub-Divisional Magistrate Bilaspur (C.G.) 3.~ Tehsildar Bilaspur (C.G.) /'", . 4. Chief Executive Qfficer Zila Panchayat, Raigarh (C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OEAPPRQPRIATE WRITS^F MANJDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS DIRECTIONS:- 1 XI-HC—78 K;-li«b ^ST ^TPTRT<T, "S'tftWTS, 'fsRTRiy ...,UJi.^l..^Z.«./lJ..... an^T ?SRT ('ytj«i<^r) ^RIIW ^ifCT an^r •%raferah'qTwjf •? te'zt ^re^rc ^aifgitsni^ SB: Hoa'ble Shri Manindra Kohan Shrivastava, J. 12.8.2011 Shri Mateen Siddiqul, ccJT.msel for the petilioner. Shri N. Naha Roy, Panejl Lawyer for fhe Stale/respondents No. 1 to 3, on advance copy. This petition has been grievance fhat the respondent| petitioner's case for issuancel that the petitioner does not father or grand-father were prior to the year 1950. Ipled by fhe petitioner on fhe stated |No.2 has Qratty refused to entertain of caste certificate on the ground ^iave the proof fhat the petitioner's r^sidtng in the State of Chhattisgarh Leamed coiinsel for petitioner has been selected| Shikshakarmi Grade-I and produce caste certtticate, fai^n considered only as a general has issued a provisional castl tbe petitioner submitted that fhe for appointment on fhe post of [he petitioner has been asked to [ng which, the petitioner woi.ild be ;ory candidate. c&te; Leamed coi.msel for t^ie petitioner submitted that the petitioner belongs to Uraon tr^be and on that basis, the Tahsildar certi&cate valid for a period of 6 monfhs on 18.7.2011. He sitbmits that under the established procedure of the department^ fhe Tahsildar has to forward the .,pUUilt.,^^^F 3)1^1 W [<-)i+ I^t (PiIT 3II<W St>*fl<!l> ~ys( "4i^i<n<), e-aly'Ko, f®ldiy^< *11*«11 g,»||q,--"---"---""-----"--^^200 Sf^V 'f^i Cy^t^) case of fhe petitioner to the approached fhe Sub Divis certificate, but the Sub-Divls stated as above. Pub Divisional OfBcer. The petitioner lonal Officer for issuance of caste tional Officer refused, for the reasons Leamed coiinsel for f9e is not proper because fhis 2010 in the case of Ors. [W.P. (S) No.6616/08] issuance of case certtflcate insisting on production of land records alone are not Cfeiurt Rainsaliwan dre On the other respondents/State submits the petition as to on whici-( Sub Dlvisional Officer. He 4 been placed on record to application in writing befor^ State counsel further sul certificates, if the respond^ No.2 decides; the matter certificate as per the exis^ various instructions and dy q>i<if<'ieti*i *ii*i<rtYTf fs(<il <P'I^I< ^aifiiHan^it petitioner submits that the refusal vide its order dated 19th August, Vs. State of Chhattisgarh & has held that fhe cases relating to reqiured to be considered without and records prior to year 1950, as r^quirement. hdnd learned counsel for fhe |that there is no specttic pleading in date fhe petitioner approached the fiso submits fhat no application has [show that the petitioner made an the Sub Divisional Ofiicer. Leamed aiiiits that in afl cases of caste No.2 is approached, respondent Iwith regard to issuance of caste ±ng law operattng in the field and •ections issiied by the State Govt. He TOBF, <W-IK'li'<—FS/140—2/2011—1 ,50,000. -4- XI-HC—7S 31K5I W R-tH ^TSH 3?T^T sh*ii<ft frasesa ^=r ^TqRTq, ^-TftwTe, [sidiyli< 3:1!^( •q'TO (•^ii'S'i^I) subiniis peTinoner[ Sub Divisional Ofllcer shall with law. l^ The petitioner has issued by the TahsUdar on Leamed coiinsel for provisional caste certificate is If fhat be so, the considered by treating him categoiy in fhe matter of app obtNned Oifficer. petiti^ner The petitioner shall si| before the Sub Divisional and take decision on issuance of caste certtticatd accordance with law and the order passed in the case <t>i<<!rt4l-( '(Tn?ii »f're'st TfSre^n: ^siRwaiT^i moves an appiicauon in wniing, the deal with the same in accordance a provislonal caste certificate ^.7.201t; the State subiriitted that the valid fbr a period of 6 months. peljitioner candidature is liable to be as candidate belonging to reserve t)intinent. ^bmit specific application in writini Ojfficer, BUaspur, who shall consider ~'s application tn the matter of ^ wifhin a period of 6 months, in orijler passed by fhis Court, includin| (|)f Rainsajivan (supra). With tfae aforesaid olbservatlons, the petition is finaily disposed of. sd/- . r M'anindra Mohan Shrivastava Judge