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2025 DAILYLAW 46047 (CHH)

KAILASH SHANDE v. STATE OF CHHATTISGARH

WPC/62/2020 · 2025-06-29

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:29007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 62 of 2020 1 - Kailash Shende S/o Ghanshyam Shende Aged About 31 Years Caste Mahar, Resident Of Ward No. 21 Rewadih Skan City, Rajnandgaon Tahsil And District Rajnandgaon, District : Rajnandgaon, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector Rajnandgaon, District Rajnandgaon, Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Rajnandgaon, District Rajnandgaon, Chhattisgarh 4 - The Tahsildar Rajnandgaon, District Rajnandgaon, Chhattisgarh 5 - The Nayab Tahsildar Rajnandgaon, District Rajnandgaon, Chhattisgarh ... Respondents For Petitioner : Mr. Love Kumar Ramteke, Advocate For Respondents/State : Ms. Shailja Shukla, Deputy Government Advocatge Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30/06/2025 1. The petitioner has filed this petition seeking 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 an appropriate writ in the nature of certiorari and quash the impugned order Annexure P/1 dated 17/01/2019 and Annexure P/10 dated 28/12/2018 passed by the respondent and hold that the petitioner is entitle of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.01 14:38:51 +0530 2 Status Certification) Act, 2013 for the permanent caste certificate of schedule caste. 10.3 That, the Hon’ble Court may kindly be please to direct the respondent no. 3, by issuing the writ in the nature of mandamus to provide a permanent caste certificate of Schedule Caste to the petitioner. 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. The petitioner may also kindly be awarded in favour of the petitioner. 2. Mr. Love Kumar Ramteke, learned counsel appearing for the petitioner would submit that the petitioner, who belongs to scheduled caste category, moved an application for grant of social status certificate before the Sub Divisional Officer (Revenue), Rajnandgaon, who is competent authority according to Act of Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short ‘the Act, 2013). He would submit that the petitioner was directed to submit relevant documents prior to year 1950 and as the petitioner could not submit those documents, his application has been rejected. He would pray for a direction to the competent authority to issue social status certificate. 3. On the other hand, learned counsel for the State would submit that the order, if any, passed by the competent authority under the Act of 2013 is appealable as per Section 5 of the Act, 2013. 4. I have heard learned counsel for the parties and perused the documents. 5. Taking into consideration the fact that order, if any, passed by the Sub Divisional Officer (Revenue) under the Act, 2013 is appealable before the Collector, therefore, this petition, at this juncture, is disposed of 3 reserving liberty in favour of the petitioner to prefer an appeal before the Appellate Authority according to the provisions of Section 5 of the Act, 2013. If such an appeal is preferred, it is expected that the authority concerned shall decide it strictly in accordance with law. 6. With the aforesaid direction(s) / observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti