1 2025:CGHC:6433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 725 of 2025 1 - Mohammad Riyaz S/o Mohammad Jaharuddin Aged About 45 Years R/o Ward No.- 29, Dr. Bhimrao Ambedkar Ward, Nagar Nigam Birgaon, District - Raipur (C.G.) ... Petitioner(s) versus 1 - Domesh Dewangan S/o Shri Ramkhilawan Dewangan Aged About 37 Years R/o Ward No.- 29, Dr. Bhimrao Ambedkar Ward, Nagar Nigam Birgaon, District- Raipur (C.G.) 2 - Municipal Corporation Birgaon Through Commissioner, District- Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Shobhit Mishra, Advocate. For Respondent No. 2 : Shri Satish Gupta, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 05.02.2025 1. By the present writ petition, the petitioner who has filed an appeal under Section 5 of the Chhattisgarh Scheduled Castes, Scheduled SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.05 23:10:35 +0530 2 Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short, ‘The Act, 2013’) on 12.03.2024, which is pending before the Commissioner Raipur Division, Raipur. The petitioner is seeking a limited prayer for early disposal of the pending appeal before the Commissioner. 2. Learned counsel for the petitioner would submit that an appeal has been preferred by the petitioner questioning the order dated 08.01.2024 passed by the SDO/Competent Authority (Caste Certificate) under the Act, 2013, by which the SDO has rejected the application for grant of permanent caste certificate. Learned counsel for the petitioner would submit that the said rejection of the application has never been intimated to the petitioner. He further submit that in the same Court of Divisional Commissioner Raipur, an application under Section 19 of Municipal Corporation Act, 1956 has been filed by the respondent no. 1 seeking removal of the petitioner from the post of Councilor from the Municipal Corporation Birgaon. Learned counsel for the petitioner would further submit that though the Commissioner is proceeding in the application under Section 19 filed by the respondent no. 1 on day to day basis, however the pending appeal under Section 5 of the Act, 2013 is not being heard by the Commissioner, hence a direction be issued to the Commissioner for early disposal of the appeal filed by the petitioner under Section 5 of the Act, 2013. Learned counsel for the respondent no. 2 submit that it is for the Divisional Commissioner before whom the appeal is pending and the Municipal Corporation has nothing to do in the issue raised by the present petitioner. 3 3. I have heard both the parties and perused the appeal filed by the petitioner under Section 5 and the application moved by the respondent no. 1 under Section 19 of Municipal Corporation Act, 1956. 4. As it appears that though the non issuance of permanent caste certificate is under challenge before the Commissioner and at the same time, the application for removal has been moved by the respondent no. 1 before the Commissioner, it will be appropriate to direct the Commissioner to decide the appeal under Section 5 moved by the petitioner before proceeding in the application filed under Section 19 of Municipal Corporation Act, 1956 by he respondent no. 1. Hence, the Commissioner Raipur Division is directed to decide the appeal pending before him, from the month of March, 2024 within a period of 30 days from today. 5. The petitioner is directed to apprise the Divisional Commissioner Raipur about the order passed by this Court. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib