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HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad
Abhay Singh S/o Lt. Shri Premsingh – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. By the instant petition, the petitioner has questioned legality and correctness of the impugned order dated 3.9.2014 (Annexure P1) passed by the Sub-Divisional Officer (Revenue), Kusmi, District Balrampur–Ramanujganj (Chhattisgarh) by which the SDO (R) has cancelled the permanent caste certificate belonging to the petitioner in respect of “Gond” caste, a Scheduled Tribe in the Presidential List recognised by the State of Chhattisgarh in the list of Scheduled Tribes at Sl.No.16.
2. In the petition, the petitioner has prayed for following reliefs:
“10.1 That, this Hon'ble Court may be kind enough, in issuing a writ in the nature of certiorari, mandamus or any other likewise writ, directing and commanding the respondent State for calling the entire records related with the subject matter of the writ petition specially about the order Annexure P/1.
10.2 That, this Hon'ble Court may be kind enough, in issuing a writ in the nature of certiorari, mandamus or any other likewise writ, directing and commanding high level enquiry in the issue raised by the petitioner by way of the order Annexure P/1.
10.3 That, this Hon'ble Court may be kind enough, in issu
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
The main legal point established in the judgment is that the cancellation of a Caste Certificate must be done in accordance with the provisions of the Odisha Scheduled Castes, Scheduled Tribes and Ba....
The central legal point established in the judgment is the requirement for the proper constitution of the High Power Caste Scrutiny Committee in accordance with the law and the directives of the Supr....
Caste certificate cancellation requires adherence to natural justice, including the right to a hearing, as established in the Scheduled Caste, Scheduled Tribes and Backward Classes Regulation of Issu....
The High Power Certification Scrutiny Committee lacked jurisdiction to revoke the caste certificate as it was not referred by the District Level Certificates Verification Committee or by the State Go....
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