Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23292
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2820 of 2025 1 - Shri Devi Singh Nag S/o. Ranjan Singh Aged About 47 Years R/o. Village- Barsur, District- South Bastar Dantewada (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Tribal Caste And Tribal Schedule Mantralaya, Mahanadi Bhawan, P.S. Rakhi, New Raipur, Dist. Raipur (C.G.) 2 - Additional Director Sc And St Development Block, Naya Raipur, Atal Nagar, Dist. Raipur (C.G.) 3 - Collector District South Dantewada (C.G.) (Tribal Development Branch) District Level Certificate Verification Committee (C.G.) 4 - Sub-Divisional Officer (Revenue) Geedam, District- South Bastar Dantewada (C.G.) 5 - District Level Certificate Verification Committee District- South Bastar Dantewada (C.G.) Through Assistant Commissioner, District- South Bastar Dantewada (C.G.) 6 - Hariram Pradhan Secretary, All India Halba Adivasi Garh Mahasabha, Garh Basoor, District- South Bastar Dantewada (C.G.)
... Respondent(s) For Petitioner : Mr. Praveen Kumar Tulsyan, Advocate For State : Mr. Satish Gupta, Govt. Advocate Hon'ble Justice Shri Arvind Kumar Verma, Judge
Order on Board 12.06.2025
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1. This petition has been filed under Article 226 of the Constitution of India, by the petitioner seeking following reliefs:-
“a. This Hon’ble Court may kindly be pleased to call for the entire records pertaining to the petitioner’s demand. b. This Hon’ble Court may kindly be pleased to issue appropriate writ and quashed the show cause notice/memorandum dated 09.04.2025 (Annexure P-1) in accordance with law. c. This Hon’ble Court may kindly be pleased to issue appropriate writ and
directed to the respondent no. 5 to decide the preliminary objection (Annexure P-1) filed by the petitioner in accordance with law. d. Any other relief as the Hon’ble Court may be deemed fit and proper with cost of petition.”
2.
Learned counsel for the petitioner submits that the petitioner has already been issued a valid Caste Verification Certificate dated 05.06.2015 by the District Level Caste Certificate Verification Committee, South Bastar, Dantewada, after due inquiry and verification, any further initiation inquiry or issuance of a show cause notice on the same issue is arbitrary, illegal, and contrary to the principles of natural justice. He submits that once a caste certificate has been verified by the competent authority after a proper procedure, the same authority is estopped from reinitiating an inquiry without any cogent material or procedural justification, especially in the absence of any direction from a superior court. The re- opening of the verification process violates the doctrine of resjudicata.
3. He further submitted that the petitioner’s brother’s caste status has also been duly verified by the competent revenue authorities and recorded as “Halba” in the official records, further substantiating the Petitioner’s claim to belong to the
3 Scheduled Tribe category. The action of the respondent authorities amounts to harassment and abuse of process of law, especially when no new substantial evidence or illegality has been shown to justify reopening the caste verification process. Petitioner has moved an application as preliminary objection and prayed for closing of inquiry proceeding on 20.05.2025, but same is not decided by authority.
4. On the other hand learned counsel for the respondents submits that the concerned Committee is ready and willing to decide the objection raised by the Petitioner as per law.
5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection.
6. Looking to the submission made by the respective parties, this court is of the considered view that proper opportunity may be given to the petitioner and the objection raised by the present petitioner should be decided in accordance with law/rules/regulations.
7. It is made clear that this court has not expressed any opinion on the merits of the case and the respondent authority shall decide the case on its own merits without being prejudice by the order of this court.
8. With the aforesaid observation(s), the instant petition is
disposed of accordingly. sd/- alfiza
(Arvind Kumar Verma)
Judge