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2026 DAILYLAW 29137 (CHH)

PRATAP SINGH MANDAVI v. STATE OF CHHATTISGARH

WPC/3882/2026 · 2026-07-26

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010264222026 2026:CGHC:31963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3882 of 2026 1 - Pratap Singh Mandavi S/o Shri Mundraram Mandavi Aged About 45 Years Vice President, Zila Panchayat Narayanpur, R/o- Village Kurushnar / Kohkameta, Tehsil- Kohkameta, Dist.- Narayanpur, C.G. (Also Known As Pichki Yadu In The Impugned Complaints) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Scheduled Tribe And Scheduled Caste Development, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Dist.- Raipur, C.G. 2 - The Collector / District Magistrate Narayanpur, Dist. - Narayanpur, C.G. 3 - The Additional Collector (Upper Collector) / Presiding Officer District Level Caste Verification Committee, Narayanpur, Dist. - Narayanpur, C.G. 4 - The Sub-Divisional Officer (Revenue) Orchha, Dist. - Narayanpur, C.G. 5 - Phulsingh Kachlam S/o Deshiram Kachlam Aged About 42 Years R/o Village Devgaon, Tehsil And Dist. - Narayanpur, C.G. ... Respondent(s) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 For Petitioner(s) : Mr. Avinash Dewangan, Advocate and Mr. Shadan Faruqui, Advocate For State : Mr. R. K. Gupta, Additional A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27.07.2026 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1. That, this Hon'ble Court may kindly be pleased to command the Respondent authorities to produce the entire original records of the case pertaining to the Petitioner pending before the District Level Caste Verification Committee / Upper Collector, Narayanpur, for the perusal of this Hon'ble Court. 10.2. That, this Hon'ble Court may kindly be pleased to issue a Writ of appropriate nature do issue, quashing and setting aside the entireillegal and unregistered proceeding being proceedings on being initiated and currently pending before Respondent No. 3 (Additional Collector, Narayanpur), as being Coram Non Judice and void ab initio. 10.3. That, this Hon'ble Court may kindly be pleased to issue a Writ of appropriate nature do issue for disciplinary action against R-3 for not providing Certified 3 copies to the petitioner who is the party to the proceedings, restraining Respondent No. 3 from passing any final order, judgment, or taking any coercive action against the Petitioner or his valid Scheduled Tribe caste certificate based on the said illegal proceedings. 10.4. That, this Hon'ble Court may kindly be pleased to direct the higher competent authorities to initiate disciplinary action against the SDO (Revenue), Orchha, for violating Section 8(1)(j) of the RTI Act, 2005, and releasing the Petitioner's personal documents. 10.5. That, any other relief/order which may deem fit and just in the facts and circumstances of the case, including the costs of the petition, may kindly be granted in favor of the Petitioner.” 2. Facts of the case :- The present writ petition has been preferred by the petitioner challenging the arbitrary, illegal and unconstitutional actions of the respondent authorities, particularly respondent No. 3/Additional Collector, Narayanpur. The grievance of the petitioner is that respondent No. 3 has initiated proceedings for verification and cancellation of the petitioner's valid Scheduled Tribe (Abujhmaria) caste certificate despite lacking the requisite statutory authority and jurisdiction to undertake such an exercise. It is the petitioner's case that respondent No. 3, acting without 4 jurisdiction and in the absence of any adjudicatory power conferred by law, is virtually conducting a parallel inquiry into the validity of the petitioner's caste certificate, which is wholly without authority of law and, therefore, coram non judice. The petitioner submits that, under the governing statutory framework and the law laid down by the competent authorities, the power to scrutinize, verify or cancel a Scheduled Tribe caste certificate vests exclusively in the State-Level High Power Caste Scrutiny Committee, and no other authority is competent to assume or exercise such jurisdiction. 3. Learned counsel for the petitioner submits that, pursuant to a complaint regarding the petitioner's caste certificate, the matter is presently pending consideration before the District Level Caste Verification Committee. It is contended that the said Committee is not duly constituted in accordance with law, as there are presently no members constituting the Committee and the proceedings are being conducted solely by its President/Chairman. It is further submitted that the President/Chairman alone is not competent to adjudicate the matter in the absence of a duly constituted Committee. Consequently, the impugned proceedings are without jurisdiction and contrary to the prescribed statutory procedure. It is, therefore, prayed that the said proceedings be quashed. 4. Learned State counsel, on the other hand, submits that the President of the District Level Caste Verification Committee is presently undertaking only the preliminary verification of the 5 petitioner's caste certificate. Upon completion of such verification, the matter shall be referred to the State Level Caste Scrutiny Committee, which is the competent authority to adjudicate the issue and pass appropriate orders. It is further submitted that the petitioner's grievance is misconceived and devoid of merit, as no final adjudication has yet been made by the competent authority. The President, being the Additional Collector and the Chairperson of the District Level Caste Verification Committee, is merely carrying out only the process of verification of caste certificate. It is further submitted that the challenge raised by the petitioner at this stage is premature, as no final order has been passed till date. The process of verification is presently underway, and upon completion thereof, after affording the petitioner due opportunity of hearing, the matter shall be referred to the State Level Caste Scrutiny Committee, which shall consider the same and pass appropriate orders in accordance with law. Therefore, at this state, this petition is to be rejected as premature. 5. I have heard learned counsel for parties and perused the documents with utmost circumspection. 6. It appears that the petitioner's caste certificate is presently under verification by the District Level Caste Verification Committee pursuant to a complaint received in that regard. The verification proceedings are underway, and after affording due opportunity of hearing to the petitioner as well as the other concerned parties, the matter shall be referred to the State Level Caste Scrutiny 6 Committee, which is the competent authority to consider the issue and pass appropriate orders in accordance with law. At this stage, the petitioner's contention that the proceedings before the District Level Caste Verification Committee are vitiated for want of Committee Members has not been substantiated by any material placed on record. The petitioner has also failed to demonstrate that the Committee has not been constituted in accordance with law or that it is otherwise non-functional. In the absence of any such material, this Court finds no ground to interfere with the ongoing verification proceedings. 7. Accordingly, the writ petition, being premature and devoid of merit, deserves to be and is hereby dismissed. However, the liberty is reserved in favour of the petitioner to raise appropriate petitioner before the authorities concerned in case necessity arises. Sd/- (Amitendra Kishore Prasad) Judge Saxena