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2025 DAILYLAW 36099 (CHH)

PUNNIDAS v. STATE OF CHHATTISGARH

WPC/4100/2025 · 2025-08-03

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:38262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4100 of 2025 1 - Punnidas S/o Late Sonsay Aged About 34 Years R/o Ward No.8, Tifra, Police Station Sirgitti, District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal And Scheduled Caste, Mahanadi Bhawan , Mantralaya Atal Nagar, Raipur C.G. 2 - Collector Bilaspur District- Bilaspur (C.G.) 3 - Sub Divisional Officer (Revenue) Kota , District- Bilaspur (C.G.) 4 - Tahsildar, Tahsil Kota, Distt- Bilaspur (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Pritam Singh, Advocate For Respondent : Mr. Anurag Tripathi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 04/08/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ directing the respondent authority to decide the pending application for issuance of social status certificate (having application no. 0704012416003714, Annexure P/1 pending before S.D.O. (R ) Kota, District Bilaspur C.G. in accordance with law and further direct the respondents to issue provisional/permanent social status certificate, in the interest of justice. (10.2) Any other relief which this Hon’ble Court may deem and proper in the present circumstances of the case. Digitally signed by JYOTI JHA Date: 2025.08.08 11:24:27 +0530 2 2. Learned counsel for the petitioner submits that grievance of the petitioner is that after providing all acceptable documents to the concerned authority, the respondent authority is not issuing the social status certificate to the petitioner and the application of the petitioner is pending since March 2024. After waiting for few days, the petitioner tracked his online application, the petitioner got to know that the status of application was showing as sent back to applicant with the remark that the documents related to education or land issued prior to 1950 is required. The petitioner has no document prior to 1950. The competent authority has not rejected the application which is still pending, therefore he prays for a direction to decide the same at the earliest. 3. On the other hand, learned counsel for the respondents opposed the submission made by the learned counsel for petitioner. 4. I have heard learned counsel for the parties and perused the records. 5. On perusal of records, it transpires the fact that after filing of application for issuance of caste certificate, the concerned respondent-authority has sent back the application with the remark that the documents related to education or land issued prior to 1950 is required. In this regard, learned counsel for the petitioner contended that there is no document available with the petitioner prior to 1950 with regard to education and land of the ancestors of the petitioner. 6. As per Rule 6 of the Chhattisgarh Scheduled Castes, Scheduled 3 Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013 provides as under:- Inability Memo (1) An applicant belonging to Scheduled Castes or Scheduled Tribes, who has applied for obtaining Certificate, inspite of adequate efforts could not get the required document under sub-rule (3) of Rule 3, may given an affidavit about his inability to submit such document in prescribed FORM- 3C, printed on the back of Return Memo. (2) On receipt of inability Memo, the Competent Authority shall not demand for the required document or documents under sub-rule(3) of Rule 3 and shall proceed to inquire the claim of the applicant under Rule 8: Provided that the applicant shall present himself during such inquiry before the Competent Authority or before the inquiry officer indicated by him and shall given all necessary assistance to ensure the presence of related persons, so as to prove his claim of social status” 7. In view of aforesaid rule 6 of Rules of 2013, this Court finds it appropriate to dispose of the present writ petition with a direction to the petitioner to proceed his grievance for issuance of social certificate as per rule 6 of Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013 before the Competent Authority, if he so wants. Accordingly the writ petition is dismissed as there is no good ground to entertain this petition. Sd/- (Arvind Kumar Verma) Judge Jyoti