1 2025:CGHC:17974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4069 of 2022 1 - Dimpal Chaure W/o Sunil Chaure Aged About 34 Years Caste - Mahar, Resident Of Ward No. 9, Kohka Road, Near Of Collage Dongargaon, Tahsil Dongargaon, District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh 2 - The Sub Divisional Officer (Revenue) Dongargaon,, District : Rajnandgaon, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Love Kumar Ramteke, Advocate For State :- Ms. Anuja Sharma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.04.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.22 10:41:56 +0530 2 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 that the scheme of issue of Social Status Certificate is covered under the Chhattisgarh Public Service Guarantee Act, 2011, where the Competent Authority has to submit the application before 30 days from the date of receipt of the application. The respondents should be disposed of within the stipulated time. 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.” 2. Learned counsel for the petitioner submits that the petitioner has moved an application to the concerned SDO for grant of permanent caste certificate in respect of Mahar caste to which the petitioner belongs. The concerned SDO instead of entertaining her application has directed him to file documents as well as revenue records pertaining to year 1950. The petitioner has also filed said relevant documents, but till date, it has not been 3 decided. In the petition, the said documents have been filed as Annexures P/9 & P/10, as such, the concerned SDO is under obligation to issue caste certificate to the petitioner, however, it has not been done till date. He further submits that the petitioner belongs to Mahar caste and her forefathers belongs to CP & Berar (Now Maharashtra), as such, she has filed the original documents obtained from CP & Berar. 3. Learned State counsel submits that the petitioner belongs to Mahar caste and since she belongs to Maharashtra State, therefore, she cannot be considered as Scheduled Caste and Scheduled Tribe in the State of Chhattisgarh. 4. Be that as it may, since the SDO (R), Dongargaon, District Rajnandgaon has not passed any order in respect of the caste certificate of the petitioner, it is expected from the concerned SDO to pass appropriate order in respect of grant of caste certificate of the petitioner. The concerned authorities should have appreciated the decision of Hon’ble Supreme Court in the case of Kumari Madhuri Patil vs. Addl. Commissioner reported in 1995 AIR 94 in which a detailed procedure has been described, according to which, the caste of any person can be verified. 5. Upon this, learned counsel for the petitioner submits that recently the State of Chhattisgarh has also framed rules and directions in respect of issuance and verification of caste certificate in respect of any person. 6. Considering the aforesaid aspect of the matter, the concerned 4 SDO (R) is directed to decide the caste of the petitioner by issuing a caste certificate in respect of the petitioner while considering the judgment of Hon’ble Supreme Court in the matter of Kumari Madhuri Patil (Supra) after due verification and inspection and, if the petitioner is found to be of Scheduled Caste, then the appropriate order may be passed in respect of the petitioner belonging to Mahar caste within a period of 45 days from the date of receipt of copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned respondent authority shall pass appropriate order, in accordance with law. 8. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha