The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.

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 issuing a writ in the nature of certiorari, mandamus or any other likewise writ, directing and commanding to quash the order Annexure P/1 as bad in law.

10.4 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 complete investigation even against the petitioner regarding his caste certificate so that the truth may be placed before this Hon'ble Court.

10.5 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 to take appropriate action against him if his certificate is found to be obtained by playing fraud or cheating.

10.6 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 cost of the petition may also be awarded.

10.7 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 for initiate appropriate legal action for malafide action of the respondent No. 5.

10.8 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 registration of the FIR and investigation for illegal cancellation of the valid caste certificate of the petitioner.

10.9 Any other relief, which the Hon'ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted.”

3. According to the petitioner, he belongs to Scheduled Tribe, i.e., “Gond” caste and he is a resident of State of Chhattisgarh. His forefathers were resident of Village Kendai, at present District Korba and his maternal uncles belonged to Shankargarh, District Balrampur–Ramanujgang. The petitioner was born and brought up in Village Shankargarh in the house of his maternal uncles. As such, he applied for a caste certificate showing his residence to be Shankargarh, the residence of his maternal uncles and accordingly he was granted a caste certificate of Gond caste on the basis of documents filed by him. Subsequently, a complaint was made by one Yagyavalkya Mishra as he was having grudge with the petitioner. Upon such complaint, the SDO (R), Kusmi has sought permission from the Collector for review of his order and after obtaining permission from the Collector, Balrampur, he has reviewed his earlier order and has cancelled the caste certificate of the petitioner, which is impugned herein.

4. Shri S.C. Verma, learned Senior Advocate along with Shri Abhishek Pandey, Advocate appearing for the petitioner would argue that the SDO (R) is not competent to cancel the caste certificate issued in favour of the petiti