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2025:CGHC:32243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1742 of 2020 1 - Fandulal Lanjewar, S/o Late Ramaji Lanjewar, Aged About 53 Years Caste - Mahar, R/o Sector 3 Ekta Nagar, Gudhiyari, Raipur, Tahsil And District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh, Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Sub Divisional Officer (Revenue), Shri Pranav Singh, Raipur, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Shri Love Kumar Ramteke, Advocate. For Respondent/ State : Shri Lav Sharma, P.L. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 11.07.2025
1. The petitioner has filed this petition seeking the following reliefs:
“10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, the Hon'ble Court may kindly be pleased issued transaction description & order to quashing the Annexure-P/1 dated 01/04/2019 & Annexure-P/2 dated SMT NIRMALA RAO
-2- 11/03/2020. 10.3 That, the Hon'ble Court may kindly be pleased with the order issued for compliance the order WPC No. 4427/2019 dated 05/12/2019. 10.4 That, this Hon'ble Court may kindly issue a writ in the nature of Mandamus directing the respondent authority to issue Caste Certificate to the Petitioner. 10.5 That, the Hon'ble Court may kindly be pleased to direct the respondents by issuing the writ in the nature of mandamus to provide a Permanent Caste Certificate of Schedule Caste to the petitioner on prescribed period granted under C.G. Lok Sewa Gurantee Act, 2011. 10.6 That, this Hon'ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice.”
2.
Learned counsel for the petitioner would submit that an application was moved by the petitioner for issuance of a social status certificate, which was rejected by the concerned Tehsildar. Thereafter, an appeal was preferred before the Sub-Divisional Officer (Revenue), District Raipur, which was also dismissed vide
order dated 11.3.2020. He would submit that according to the provisions of Section 5 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short ‘Act of 2013’), an appeal would lie before the Collector. Therefore, the petitioner
3 may be permitted to prefer an appeal before the Competent Authority challenging the orders passed by the Tehsildar and the Sub-Divisional Officer.
3. On the other hand, learned counsel for the State would oppose the
submissions made by counsel for the petitioner.
4. Heard.
5. Taking into consideration the fact that an order rejecting an application for issuance of a social status certificate is appealable under Section 5 of the Act, 2013, the liberty as prayed for by counsel for the petitioner is granted. Accordingly, this petition is
disposed of granting liberty to the petitioner to prefer an appeal before the Collector in accordance with the provisions of Section 5 of the Act of 2013. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi