Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 17276 (CHH)

ALPHA WAHNE v. STATE OF CHHATTISGARH

WPC/1878/2025 · 2025-04-17

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:17704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1878 of 2025 1 - Alpha Wahne D/o Late Uttam Kumar Aged About 30 Years Caste - Mahar, R/o Paneka, Rajnandgaon, Tahsil And District- Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh. 2 - The Collector Rajnandgaon, District- Rajnandgaon (C.G.). 3 - The Sub Divisional Officer (Revenue) Rajnandgaon, District- Rajnandgaon, Chhattisgarh. 4 - The Tahsildar Rajnandgaon District- Rajnandgaon, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Love Kumar Ramteke, Advocate. For Respondent(s)/State : Mr. Shreyansh Mehta, Panel Lawyer. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, this Hon'ble Court may kindly issue an appropriate writ in the quash the impugned order Annexure P/1 & Annexure P/2 dated 24/3/2025 passed by the respondent. 10.3 That, this Hon'ble Court may kindly issue a writ in the nature of Mandamus directing the respondent authority to issue Permanent Social Status Certificate (Caste Certificate) to the Petitioner, prescribed period granted under the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013.” 2. Learned counsel for the petitioner submits that the petitioner has filed an application for grant of permanent caste certificate before the Sub Divisional Officer (Revenue), Rajnandgaon, however, the Sub Divisional Officer (Revenue), Rajnandgaon has not passed any order and thereafter against that the petitioner has preferred 3 an appeal before the Additional Collector, Rajnandgaon in which the Additional Collector, Rajnandgaon vide order dated 24.03.2025 has passed an order directing the petitioner has to approach the competent authority under Section 5 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013. He further submits that for issuance of permanent caste certificate, the Sub Divisional Officer (Revenue) is a competent authority, the petitioner has filed an application for grant of permanent caste certificate before the competent authority i.e. the Sub Divisional Officer (Revenue), Rajnandgaon, however, the application has neither decided nor any order has been passed. Since the Sub Divisional Officer (Revenue) is a competent authority for granting permanent caste certificate which has not been granted as such she has moved before the Collector and filed an appeal. 3. On the other hand, learned counsel for the State submits that the petitioner is required to go before the competent authority i.e. the Sub Divisional Officer (Revenue) for issuance of permanent caste certificate. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, without entering into merits of the case, the petitioner is directed to move an appropriate application before the competent authority i.e. the 4 Sub Divisional Officer (Revenue), Rajnandgaon along with the relevant documents and, in turn, the Sub Divisional Officer (Revenue), Rajnandgaon is directed to consider her application and to decide the same in accordance with law within a period of 45 days from the date of filing of the application. 6. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat