The authority to classify castes as Scheduled Castes lies solely with the Presidential Notification, and no other authority has jurisdiction to alter this classification, confirming the decision against the registration refusal.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing the impugned order of refusal of registration of the deed for sale passed on dated 27.03.2025 (Annexure-5) by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) and to direct the District Sub- Registrar, Mayurbhanj, Baripada (Opp. Party No.2) to register the deed for sale (original of Annexure-3) of the petitioners.

2. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, they (petitioners) are the owners of the properties covered under Khata No.119/688, Plot No.153 Ac.0.30 dec. in Mouza-Indpai under Baripada Tahasil in the district of Mayurbhanj and their caste is Kurunga Badhei. They (petitioners) being Kurunga Badhei by caste, they do not belong to scheduled caste or scheduled tribe community.

In order to meet the legal necessities of the petitioners, they (petitioners) executed a deed for sale vide Annexure-3 in respect of their plot No.153 under Khata No.119/688 of Mouza-Indpai in favour of one Susanta Kumar Das of Village- Balarampur under Ward No.19 of Baripada Town and presented the said deed for sale i.e. original of Annexure-3 before the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) on dated 27.11.2024 for registration indicating their caste in that deed for sale as Kurunga Badhei and also indicating therein that, they (petitioners) do not belong to scheduled caste or scheduled tribe community.

But, the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) refused to register the said deed for sale vide Annexure-3 of the petitioners as per order dated 27.03.2025 assigning the reasons that, “As per the report of the Tahasildar, they (petitioners) belong to Kurunga Caste, which is recognized as Scheduled Caste category and as the petitioners have executed the deed for sale in favour of Susanta Kumar Das, who belong to Karan by caste, which is coming under the General Caste category, for which, without prior permission under Section 22 of the OLR Act, the deed for sale cannot be registered by the petitioners in favour of Sushanta Kumar Das in view of the prohibitions made in Sub-Clause (4) & (5) of of the OLR Act, 1960 and 22(a)(1)(c) of the REGISTRATION ACT (Odisha Amendment Act, 2013).”

3. On being dissatisfied with the above impugned order of refusal of registration of the deed for sale of the petitioners passed on dated 27.03.2025 (annexure-5) by the District Sub- Registrar, Mayurbhanj, Baripada (Opp. Party No.2), they (petitioners) challenged the same by filing this writ petition praying for quashing the said order dated 27.03.2025 (Annexure-5) passed by the District Sub-Registrar, Mayurbhanj, Baripada (Opp. Party No.2) taking the ground that, they (petitioners) do not belong to Scheduled Caste or Scheduled Tribe Community as per the notification of the Government.

4. I have already heard from the learned Senior Counsel for the petitioners and the learned Standing Counsel for the Opp. Parties.

5. It is the settled propositions of law that, Scheduled Caste or Scheduled Tribe lists declared by President is final for all purposes. Neither the Court nor any authority has any jurisdiction to make any declaration in respect of the category of any caste relating to Scheduled Caste or Scheduled Tribe beyond the declarations made by the President through Notification.

When, any particular Sub-caste of a Caste will not have been specifically mentioned in the presidential order/notification in that case, neither the State Government nor the Courts, Tribunals or any authority has power to give any observation for inclusion of any Sub-caste into the list