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2017 Supreme(Ori) 958

BISWANATH RATH
Vangada Viswanadham – Appellant
Versus
Collector-cum-District Magistrate, Ganjam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M/s. S. Mohanty, Sr. Advocate & Sri S. Nanda
For the Opposite parties :Sri S. Mishra, Additional Government Advocate, Sri S.K. Padhi, Sr. Advocate

JUDGMENT :

Biswanath Rath, J.

1. This writ petition involves a challenge to the order under Annexure-3 passed by the Tahasildar, Berhampur thereby declaring the petitioner does not belong to the caste “Patratanti”, as claimed by him in exercise of power envisaged under Rule 8 of the Orissa Caste Certificate (for Scheduled Castes & Scheduled Tribes) Rules, 1980 (in short, “Rules, 1980”), consequently revoking the order passed in favour of the petitioner in the Misc. Case No.2571/1984 and further asking the petitioner to surrender the certificate granted in his favour on disposal of the Misc. Case No.2571/1984 and also the order passed by the appellate authority under Section 9 of Rules, 1980 thereby confirming the order of the Tahasildar under Annexure-3 as appearing at Annexure-7.

2. Short background involved in the case is that the petitioner while continuing as an employee in the National Insurance Company Ltd. after continuing in service for over eighteen years received a notice from the Tahasildar, Berhampur on 23.7.2002 to appear in a proceeding, vide Misc. Case No.4349/2002 for verification of the authenticity of the caste certificate already issued in his favour. The background


















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