4^4^^? ^'.-•< .^. r^i iri' 3-T3 IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR Writ Petition (0 No. S'l6^ /2008 PETITIONER <•' VERSUS RESPONDENTS Smt. Ishwari, aged about 30 years, D/o Hari Prasad, W/o Manohar Baghel, Caste-Bhatra, R/o Ward No. 4, Gharghora, Tah-Gharghora, Distt- Raigarh (C.G.) 1. State of Chhattisgarh Through- Seceratory, General Administration Departmeat, D.K.S. Bhawan, Raipur (C.G.) 2. Tahsildar, -.Gharghora, Distt-Raigarh (C.G.) 3.' S.D.O. (Revenue) jjharghora, Distt- Raigarh (C.G.) 4. Project Officer, Integrated Child DevelopmentProject, Gharghora, Tah-Gharghora, Distt- Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRITS, ORDER, ORDERS, DIRECTION/ DmECTIONS ETC. %., ,<'"'.-""<& '"^ ^ £ ^ i, ^SK%^?a HIGH COURT OF CHHAmSGARH^AT^ILASPUR W.P.C. No. 5107/2008 PICTITIONER Smt. Ishwari Versus RItSPONDENTS State of Chhattisgarh and others BD:- Hon. Shri N.K. Agarwal, J I'RBSIENT :- Shri Vipin Punjabi, Adv. for the petitioner. Shri Vinay Harit, Dy. Adv. General for the State. ORAL ORDER (3-9-2010) 1, The instant petition is directed against the order dated 20-2- 2008 (Annexure P-2) passed in Revenue Case No. 298-B-121 year 2007-08 by respondent No. 3/Sub Divisional Officer (Revenue) Gharghoda whereby and whereunder the petitioner's application for issuance of permanent caste certificate was rejected. .', Pacts or the case in brief are as under:- The petitioner submitted an application for issuance of caste certificate (Schedule Tribe-Bhatra) for herself on 30-1- 2008 before the Gourt of Sub Divisional Officer, Gharghoda. The Sub Divisional OfGcer, Gharghoda registered the case as Revenue Case No. 298 year 2007-20089 and sent the matter for enquiry to Tehsildar, Gharghoda, who also registered the case as Revenue Case No. 386-B-121/2007-2008, issued teraporary caste certificate and sent his report to the Sub Divisional Officer, Gharghoda. Thereafter, the Sub Divisional Officer dismissed the application on the ground that the petitioner's predecessors were not residents of Gharghoda. 1 Shri Vipin Punjabi, learned counsel for the petitioner would submit that the Sub Divisional Officer, Gharghoda had issued permanent caste certificate in favour of the petitioner's brother and sister \ide Ex. P-10 but dismissed the application of the petitioner without inquiring into the matter and without recording any evidence therefor and also '/ ••'•-••Csi^-'S^^-iS^ ' .'a-^s, ss-ssif without affording any opportunity of hearing to the petitioner in this regard solely on the basis of the report of Tehsildar. Therefore, the matter deserves to be remitted back to the Sub Divisional Officer for decision afresh. t. On the other hand, Shri Vinay Harit, learned Dy. Advocate General appearing for the respondents/State would contend that as per the statement of petitioner's mother, her caste is Bhat and not Bhatra which is not gcheduled Tribe but Schedule caste and, fherefore, in view of this, the Sub Divisional Officer has rightly dismissed the application. 'i I have heard learned counsel for the parties and perused the record. ti. In the light of permanent caste certificate (Annexure P-10) issued in favour of the petitioner's brother and sister, suffice it to say that the Sub Divisional Officer has dismissed the application without holding any enquiiy thereof and without affording any opportunity to the petitioner, also not considered the certificate issued to fhe petitioner's brother and sister. Therefore, in the considered opinion of this Court, fhe matter needs fresh consideration. / For the foregoing, the order impugned is set aside. The matter is remitted back to the Sub Divisional Officer for decision afresh. The petitioner is permitted to file the document Annexure P-10 i.e. the certificate issued in favour of the brother and sister of the petitioner before the Sub Divisional Officer and is also permitted to adduce evidence. The respondent/State is also permitted to adduce evidence in rebuttal, if any and only thereafter, the Sub Divisional Officer shall pass the appropriate orders in accordance with law without being influenced by any of the observations inade in this order. Sd/- N.K. Agarwal Judge