ORDER :

1. By way of present writ-application filed under Article 226 of the Constitution of India the writ-applicants herein have prayed for the following reliefs :-

“(A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction by way of writ of mandamus to the respondent no. 2 & 3 to issue schedule tribe certificate as Patelia community for the purpose of section 73 AA of Land revenue code and also for other purpose of benefits there of etc.

(B) During The pendency and final disposal of this petition, to direct the respondent no. 2 & 3 to issue the provisional scheduled Tribe certificate of petitioner as Patelia Community.

(C) Any other relief deemed fit be granted in the interest of justice.”

2. Brief facts leading to the filing of the present writ application read thus :-

2.1 It is the case of the present writ-applicants herein that the writ-applicants belong to Scheduled Tribe Community “Patelia” and belong to tribal area of Lunavada by origin native of forest dwellers from their ancestor. Placing reliance on the same, the writ-applicants herein submitted application for issuance of Caste Certificate of Scheduled Tribe as per the constitutional rights enshrined under Part-III of the Constitution of India under the provisions of Gujarat State Caste Certification and Verification Rules, 2018 for the purpose of their general rights under Section 73AA of the Gujarat Land Revenue Code and also other benefits of the Scheduled Tribe community to the Mamlatdar vide application dated 7.10.2021 and submitted the required testimonials of claim of Scheduled Tribe benefit which came to be rejected on 11.10.2021.

2.2 The Mamlatdar – respondent No.3 rejected the said claim of the writ-applicants on the ground that Section 73AA of the Act was not applicable to Lunavada taluka and ‘Patelia” community and Lunavada is not entitled for the status of Scheduled Tribe as the whole Lunavada taluka is not covered under the provisions of Scheduled Tribe benefit on account of there being sub-caste and marriages are also not among the same community etc., hence the writ-applicants approached the respondent No.2 vide representation and appeal dated 21.10.2022 submitting the required testimonials as per the rules of verification of issuance of Scheduled Caste certificate as the forefather of the writ-applicants are original native and Scheduled Tribe of Hindu Patelia community and are entitled to protection of said rights of Scheduled Tribe by virtue of succession which cannot be denied and also Scrutiny – Screening Committee of Scheduled Tribe, Vadodara issued the certificate dated 2.8.2022 to Patelia Jawanbhai Manibhai and other persons of the said Patelia community and, therefore, the writ-applicants herein cannot be denied the said fundamental rights of status of Scheduled Tribe under Articles 15, 342 and 300A of the Constitution of India and also the Government policy, resolution and notification for declaring the said community as Scheduled Tribe which came to be rejected by the Collector i.e. respondent No.2 herein vide orders dated 21.5.2022, 23.5.2022 and 31.12.2022 accepting the reasonings of Mamlatdar and also under the wrong interpretation of Government Resolutions dated 4.11.2008, 4.4.1961, 15.2.2001 and 9.5.2005 etc., which are not properly appreciated by the respondent No.2 herein because of interse marriage between the community and also some of Hindu Thakore, Baria and Patelia community which is wrongly interpreted by the Collector and it is the statutory Presidential Order of 1950 and also State of Gujarat notification vide Entry No.22 which is only described as “Patelia” and there is no any question of sub-caste Hindu Thakore, Baria and Patelia etc., as there will be some variation in stating the said facts in the birth or school register which cannot deny rights to the writ-applicants to be considered as “Patelia” being Scheduled Tribe community and hence the order impugned passed by the Mamlatdar dated 11.10.2021 and