1 2025:CGHC:8585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3503 of 2023 1 - Pranav Khunte S/o Umashankar Aged About 11 Years R/o Village And Post Birra, Tahsil Bamhnidih, District Janjgir-Champa (C.G.) Minor And Presented Through Their Grand Mother Geeta Bai, Wife Of Mithailal, Aged About 62 Years, R/o Village And Post Birra, Tahsil Bamhnidih, District Janjgir-Champa (C.G.) 2 - Shreya Khunte D/o Umashankar Aged About 9 Years R/o Village And Post Birra, Tahsil Bamhnidih, District Janjgir-Champa (C.G.) Minor And Presented Through Their Grand Mother Geeta Bai, Wife Of Mithailal, Aged About 62 Years, R/o Village And Post Birra, Tahsil Bamhnidih, District Janjgir-Champa (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - The Collector Janjgir-Champa, District Janjgir-Champa (C.G.) 3 - The Sub Divisional Officer (Revenue) Champa, District Janjgir-Champa (C.G.) 4 - The Tahsildar Bamhanidih, District Janjgir-Champa (C.G.) Respondent(s) For Petitioner(s) : Mr. K.P.S. Gandhi, Advocate For Respondent(s) : Mr. Anmol Sharma, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 19/02/2025 1. Learned counsel for the petitioners submits that the father of the petitioners has submitted an application for issuance of the Caste Certificate for the petitioners and given their self declaratory form along RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.21 10:37:02 +0530 2 with hereditary tree of his mother ancestors and records, but the same was not consider by the Sub Divisional Officer and he refused to issue Caste Certificate on the ground that the father of the petitioners has not produced the misal record of his father’s ancestor. 2. The document annexed to this petition would show that the father of the petitioners has submitted the misal record of his mother’s ancestor, whereas the misal record of his father was required for issuing of caste certificate to the petitioners. 3. Learned counsel for the petitioners submits that under Section 4 (1) of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (in short ‘the Act, 2013’), the Competent Authority is authorized, on receipt of an application under Section 3 and after making such inquiry as may be prescribed, to issue a social status certificate, provided that where the Competent Authority comes to a conclusion that there are sufficient reasons for rejecting the application for such certificate, it shall record the reasons for rejection in writing and inform the applicant accordingly. 4. Learned counsel for the State submits that the Authority has rightly rejected the application of the petitioners as the petitioners have failed to produce misal record of father’s ancestral. 5. I have heard counsel for the parties and perused the rejection order as well as the provisions of the Act, 2013. 6. A plain reading of the above said provision would manifest that under 3 Section 4 (1), the competent authority has to take a decision, either granting certificate or rejecting the application, after making inquiry. Holding of an inquiry presupposes giving opportunity to the concern ed application to satisfy the query or deficiency pointed out by the competent authority. 7. Apart from this, the order impugned/rejection order does not disclose anywhere that any inquiry was made before rejecting the application of the petitioners. 8. Therefore, it is directed that on such application being preferred by the petitioners for issuance of Caste Certificate before the SDO in the manner prescribed under the Act, the SDO (R) shall make a inquiry and pass a reasoned order in terms of the Section 3 & 4 of the act, 2013 within a period of 03 months from the date of submission of the application without being influenced by the earlier order passed by the Tahsildar. 9. With the aforesaid observation, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul