ORDER :

1. The petitioner has filed the present writ petition with a prayer for issuance of direction to respondent No.3 to issue a caste certificate in favour of the petitioner and also to quash the order dated 10-5-2007 (Annexure P/36) by which the prayer of the petitioner for grant of permanent caste certificate has been rejected.

2. Brief facts of the case as reflected from record are that the petitioner had submitted an application before the Sub Divisional Officer (Revenue)/ respondent No.3 on 19-10-2004 for grant of Schedule Caste Certificate to his son Sunil Daryani as he belongs to Suryavanshi caste which is Scheduled Caste on the count that his father and grand-father belong to Scheduled Caste. It is further reflected from record that the petitioner for obtaining the above caste certificate has produced certain documents in support of his claim. The petitioner has also annexed caste certificate issued by Ramji Ram, Lok Sabha member in favour of the petitioner’s father Dr. Atmaram Daryani (Annexure P/8). It is also case of the petitioner that the petitioner approached many times to the office of SDO, Revenue – respondent No.3 for issuance of caste certificate, but it has not issued in his favour, therefore, the petitioner sent a legal notice dated 24-7-2005 to respondent No.3 for issuing the caste certificate in favour of petitioner’s son, thereafter the petitioner made a complaint to the Chief Secretary of the State Government regarding non-compliance of the order, but no action has been taken therefore, the petitioner has filed a petition bearing Writ Petition No. 5317 of 2005 before this Court for issuance of a direction to issue caste certificate as the proceedings are pending before the Sub Divisional Officer, Revenue, Sakti and respondent No.4.

3. It has also been contended that this court vide its order dated 9-11-2005 directed the respondents No.3 and 4 to decide the Revenue case and pass an order in accordance with law. This order has not been complied with, therefore, the petitioner has filed a Contempt Petition (Civil) No. 16 of 2006, wherein this court had issued notice to the respondents on 3-2-2006. During pendency of the contempt petition, the respondents have passed the order on 15.12.2005 by recording its finding that the petitioner is resident of Sindh Provinces prior to 1950 as such he does not belong to Schedule Caste of State of Chhattisgarh, therefore, he is not entitled to get caste certificate. The respondent while rejecting the claim of the petitioner for grant of caste certificate has taken into consideration the circular dated 28-7-2003 issued by the General Administration Department of Chhattisgarh Govt. Raipur, according to which the petitioner was not a resident prior to 1950 of Chhattisgarh State, therefore, caste certificate cannot be issued to him. It is also contended that this Court vide order dated 7-5-2007 in contempt (civil) petition No.16/2006 directed the respondents that the respondents after hearing the petitioner shall pass an appropriate order as directed by this court in writ petition No 5371 of 2005 dated 9-11-2005 without being influenced by any of the orders passed earlier.

4. The respondent has passed the order on 10-5-2007 (Annexure P/35) by recording its finding which reads as under :

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