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2025 DAILYLAW 31709 (CHH)

ASHOK KUMAR v. STATE OF CHHATTISGARH

WPC/3598/2022 · 2025-06-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:22831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3598 of 2022 1 - Ashok Kumar S/o Late Anand Ram Khobragade Aged About 60 Years R/o Sector - 7, Sadak - 16, Civic Center - Bhilai, District - Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Naya Raipur , Chhattisgarh 2 - The Sub Divisional Officer (Revenue) Durg, District - Durg Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Love Kumar Ramteke, Advocate For Respondent : Mrs. Poorva Tiwari, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 10/06/2025 1. The present writ petition has been filed for the following relief(s):- 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 a writ in the nature of Mandamus directing the respondent authority to issue Caste Certificate to the Petitioner. 10.3 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 Guarantee Act, 2011. 10.4 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. Digitally signed by JYOTI JHA Date: 2025.06.11 10:18:34 +0530 2 2. Learned counsel for the petitioner contended that he has applied for social status certificate under the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certificate) Act 2013, however it has been rejected by the SDM without any proper enquiry. 3. On the other hand, learned State Counsel submits that the SDM has rightly rejected the application of the petitioner and the petitioner has an alternative remedy to appeal before appropriate forum. 4. I have learned counsel for the parties. 5. Considering the facts and circumstance of the case, this Court is of the opinion that there is a specific provision under Section 5 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 provides that an applicant aggrieved by an order of the Competent Authority passed under Section 4, may within· 30 days from the date of receipt of such order, file an appeal before the Appellate Authority. Therefore, it is crystal clear that there is an alternative remedy available to the petitioner. Thus, this Court is not inclined to entertain the present writ petition. 6. Accordingly, the present writ petition is dismissed. 7. However, the petitioner is at liberty to file an appeal before the Competent Authority under Section 5 of the aforesaid Act of 2013 and raise his all grievances before the appellate authority. Sd/- (Arvind Kumar Verma) Judge Jyoti