..-e";^B?*^. !b^3Si3> "sy" s S Is,, ' '^.^, ""' •»iac^h^^ ^i^s^ HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: Hon'ble Shri Justice Sunil Kumar Sinha and Hon'ble Shri Justice Radhe Shvam Sharma Writ Appeal No.237 of 2011 Appellants' 1. 2. 3. versus Respohdent State of Chhattisgarh, through Secretary, Revenue Department, D.K.S. Bhawan, Raipur (CG) The Sub Divisional Officer, Rajnandgaon (CG) The Tahsildar, Rajnandgaon (CG) RakeshKumar Choure, S/o Shri Krishna Rao Choure, aged 45 years, Occupation Security Officer, Dr. Syama Prasad 'To Vidyut Girh, Korba East, R/o Ward No.19, Sahdev Nagar, Rajnandgaon, Tahsil and District Rajnandgaon (CG) Present: Shri A.S.Kachhawaha, Deputy Advocate General for the State/appellants. Writ Appeal under Section 2(1) of the Chhattisaarh Hiah Court (Appeal to Division Bench) Act ORAL ORDER (Passed on 27th June, 2011) Per Sunil Kumar Sihha, J.: Heard on I.A.No. 1/2011, an application for condonation of delay in filing the appeal. 2. According to the office report, the appeal is barred by 243 days oflimitation. 3. On due consideration of the submissions made by learned DeputyAdvocate General for the State/appellants and the grounds ^- taken in the application, I.A.No.1/2011 is allowed and the delay in filing the appeal is hereby condoned. 4. Heard on admission. 5. The State/appellants have filed this appeal against the order dated 15-7-2010 passed by the learned Single Judge in Writ Petition (C.) No.4963/2009. 6. The respondent Rakesh Kumar Choure applied for issuance of a permanent caste certificate before the Sub-Divisional Officer, Rajnandgaon, who, on the application of the respondent, registered Case No.710-8/121 year 2005-2006. After enquiry, the Sub- Divisional Officer rejected the application made by the respondent vide order dated 3-8-2009 (Annexure P-1 in the writ petition). The respondent challenged the said order before the writ Court. The writ Court, on due consideration of the entire facts and circumstances and further considering the judgment rendered in Narendra Dehariya vs. State of Chhattisgarh and others (Writ Petition (C.) No.5070/2007), allowed the writ petition, set aside the impugned order and remitted the matter to the Sub-Divisional Officer back to consider the case of the respondent in the light of the observations made in the order and issue a caste certificate to the respondent, in accordance with law, at the earliest, preferably within a period of two weeks from the date of receipt of a copy of the order. 7. Shri A.S.Kachhawaha, learned Deputy Advocate General for the State/appellants submits that the respondent was not entitled for the permanent caste certificate as claimed by him, therefore, the remand order may be set aside. He also argued that the respondent had an alternate remedy to file an appeal before the High Level Caste Scrutiny Committee, therefore, the learned Single Judge ought not to have exercised writ jurisdiction in the matter of the respondent. 8. As far as entitlement to get the caste certificate is concerned, the matter has been remitted to the Sub-Divisional Officer back and the same would be dealt with there. The grounds relating to alternate remedy of filing the appeal now cannot be considered in this intra-Court appeal when the writ Court has once exercised jurisdiction to hear the matter under Article 226 of the Constitution of India. 9. On due consideration of the entire facts and circumstances of the case, we do not find any good ground to entertain this writ appeal. 10. The writ appeal is, therefore, liable to be and is hereby dismissed summarily. Sd/- Sunil Kumar Sinha Judge Sd/- R.S. SHARMA. Judge Uopal