1 Jasver Kaur vs. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.1798/2003 (Jasver Kaur vs. State of Rajasthan & Ors.) Date :: 26.03.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.G.R. Punia, for the petitioner. Mr.S.N. Tiwari, Dy. Govt. Advocate. Mr.K.S. Gill, for the respondents. Heard learned counsel for the petitioner. By way of filing present writ petition, the petitioner is challenging the order Annexure-9 dated 10th April, 2003 passed by the Tehsildar, Bhadra as well as the report dated 20th March, 2003 Annexure-6 Additional Collector, Nohar, District Hanumangarh and prayed that respondent authorities may kindly be directed to decide the case of the petitioner afresh after giving opportunity of hearing. The controversy involved in this petition is that a caste certificate was issued in favour of petitioner by Tehsildar, Bhadra on 16th July, 2002. According to the petitioner, she is belonging to the Caste of Satia Sindhi which is enumerated in the extra-ordinary Gazette Notification issued by the Government of Rajasthan on 03rd August, 1994. In this Notification the caste Satia Sindihi has entered in the list of OBC at serial No.47. Against this certificate a complaint was filed before the District 2 Jasver Kaur vs. State of Rajasthan & Ors. Collector, Hanumangarh by respondent No.10 Smt. Salman Bano. The said complaint was sent to the Additional Collector, Nohar, District Hanumangarh for inquiry. The Additional Collector, Nohar gave inquiry report on 20th March, 2003 which is on record as Annexure-6. Thereafter, District Collector, Hanumangarh directed the Tehsildar, Bhadra to cancel the certificate issued in favour of the petitioner with regard to caste of Satia Sindhi as per. As per the direction, the Tehsildar, Bhadra cancelled the certificate vide order dated 10th April, 2003 Annexure-9. It is contended by learned counsel for the petitioner that a election petition was filed by one Salman Bano and the said election petition was finally decided on 28th April, 2004 in which issue Nos.1 and 5 were related to the same controversy and after taking on record the entire evidence finally the cste certificate was found to be legal and correct, therefore, the election petition was dismissed, while holding that the petitioner is belonging to the Caste of Satia Sindhi and the certificate issued in her favour is genuine and according to law. It is also contended that the said judgment passed in election petition by Additional District Judge, Bhadra was further challenged before this Court and the said petition was also dismissed, as such, the finding of civil court which is based upon cogent evidence is having binding force in other proceedings. 3 Jasver Kaur vs. State of Rajasthan & Ors. In these circumstances, the cancellation order of caste certificate passed by Tehsildar, Bhadra dated 10th April, 2003 is totally illegal and contrary to the finding given by the civil court. It is also contended by learned counsel for the petitioner that at the time of issuing cancellation order Annexure-9 dated 10th April, 2003 the proper opportunity of hearing was not given to the petitioner and the said oder has been passed in her absence, therefore, the case may be remitted to the Tehsildar, Bhadra. I have perused the order impugned so also the entire record of the case. First of all it is very strange that the complaint was filed before the District Collector, Hanumangarh with regard to challenging the certificate of OBC issued by the Tehsildar, Bhadra and District Collector, Bhadra sent the same to the Additional Collector, Nohar, District Hanumangarh for inquiry. After inquiry as per order of District Collector, Hanumangarh the Tehsildar, Bhadra cancelled the certificate issued in favour of petitioner. When a complaint is filed before the District Collector, Hanumangarh then obviously he was required to decide the same, but unfortunately it was decided by the Tehsildar, Bhadra who has issued the caste certificate in accordance with law. In this case, it is very important fact that in the election petition issue No.5 with regard to petitioner's caste was framed and same 4 Jasver Kaur vs. State of Rajasthan & Ors. was decided in her favour by which it was held that petitioner is belonging to caste Satia Sindhi. In these circumstances, as per judgment of Hon'ble Supreme Court reported in AIR 1971 SC 1244 M/s. Karamchand Gang Pershad & Anr. Vs. Union of India & Ors., AIR 1996 SC 339 V.M. Shah vs. State of Maharashtra & Anr. and 2004 (1) SCC 438 Shanti Kumar Panda vs. Shakuntala Devi the findings of civil court is having binding force in other proceedings. In these circumstances, the order passed by Tehsildar, Bhadra dated 10th April, 2003 is set aside and the case is remitted to the District Collector, Hanumangarh for afresh decision with the direction that at the time of deciding the case afresh, the fact with regard to finding given by the civil court in election petition vide its judgment dated 28th April, 2004 shall be considered in view of the judgment rendered by the Hon'ble Supreme. The petitioner is directed to file representation alongwith copy of the judgment of this Court so also the judgment dated 28th April, 2004 within a period of two months from the receipt of certified copy of this order and District Collector, Hanumangarh is directed to decide the matter afresh while considering the judgment of civil court. With these directions, the petition is disposed of. [GOPAL KRISHAN VYAS],J. A.K. Chouhan/-