JUDGMENT - SHAH A.P., J.:---The principal question that arises in this writ petition is whether the members of the 'Mana' community specially in Vidarbha region falls under Entry 18 of the Scheduled Castes and Scheduled Tribes Orders, (Amendment) Act, 1976 and are entitled to be treated as members of the scheduled tribe. The petition seeks to quash Government Resolution No. C.B.C. 1584/309/ka. 11 dated 24-4-1985 and Government Resolution No. 1083/1600/52/ka.10 dated 19-6-1985 directing not to treat the members of the Mana community as belonging to Scheduled Tribe unless they establish relationship and/or affinity with Gond tribe. The petition also seeks to quash Government Resolution No. C.B.C. No. 1094/Praka-068/MaVa-16 dated 15-6-1995 declaring amongst others Mana community as Special Backward Class. The petition prays for direction to the State Government to instruct Sub-Divisional Officers/Magistrates in all regions within the State and Caste Scrutiny Committees to issue caste certificates/caste validity certificates to the people belonging to Mana community who are eligible for such certificate.

2. The petitioner Mana Adim Jamat Mandal is a society registered under the Societies Registration Act and Bombay Public Trusts Act. The petitioner society is established with the aim and object of serving for betterment of Mana community in the State of Maharashtra. The petitioner has averred that Manas are a community distinct and different from Gonds and that amongst Gonds there is no sub-tribe known as Mana. The petitioner asserts that there is ample evidence to indicate that there is a community called Mana in Chanda and adjoining districts who are not Gonds or have any connection with Gonds. According to the petitioner there is only one caste or community called 'Mana' and there are no two communities like "Gond Mana" and "Kshtriya/Maratha Mana" as erroneously assumed by the State authorities. The petitioner has referred to Gazetters and the Settlement Reports during the British Regime in support of its claim that Mana is a distinct and separate tribe. The Maharashtra State Gazetteers Chandrapur District (1st Edition) 1909 and 2nd Edition (Revised), 1973 says that Manas form the second great division of the aboriginal tribes, including Manas, Gowarees and Kaulees, all of whom have become Hindooise. The tradition assets that previous to the Gond conquest the Manas reigned over the country having their strongholds at Soorjagurh in Aheree and at Manikgurh in the Manikgurh hills now of Hyderabad and that after a troubled rule of two hundred years, they fell before the Gonds. Thakur Dev on the summit of Suriyagad is still their tutelary deity. They, seem, however, to have lost this tradition among themselves and only remember that once they were soldiers and the sword is one of the objects of worship. The true origin of the caste has not been discovered but they are supposed to be an off shoot of the Gonds who have greatly raised their status by becoming cultivators and adopting the whole of the Hindu pantheon. They are skilful farmers. They both burn and bury their dead, but corpse must be laid on the pyre or in the grave with its feet to the north.

3. Russell's "Castes and Tribes of Central Provinces", Vol. IV at pages 172-176 wherein a detailed description of the Mana community is given. Under the heading "Mana" it is stated:

"A Dravidian caste of cultivators and labourers belonging to the Chand District, from which they have numbered nearly 50,000 persons, of whom 34,000 belonged to Chanda. The origin of the caste is obscure. In the Chanda Settlement Report of 1869 Major Lucie Smith wrote of them; "Tradition asserts that prior to the Gond conquest the Manas reigned over the country, having their strongholds at Surajgarah in Ahiri and at Manikgarah in the Manikgarah hills now of Hyderabad, and that after a troubled rule of two hundred years they fell before the Gonds. In appearance they are of the Gond type, and are strongly and s

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