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2013 Supreme(MP) 641

SHANTANU KEMKAR, S.C.SHARMA
State of M. P. – Appellant
Versus
Dule Singh Solanki – Respondent


Advocates:
Ms. M. Ravindran, Deputy Government Advocate for appellants;
L.C. Patne for respondents.

ORDER

Sharma, J. -- 1. Regard being had to the similar controversy involved in these cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of Writ Appeal No.916/2013 are narrated as under :

2.The present writ appeal has been filed by the State of Madhya Pradesh being aggrieved by the order dated 27.4.2013 (Annexure A-1) passed in Writ Petition No.9296/12, by which the learned Single Judge has allowed the writ petition and has directed the Sub-Divisional Officer, Revenue to decide the representation preferred by the respondent Dule Singh Solanki after granting an opportunity of hearing by passing a reasoned order. The facts necessary for adjudicating the present writ appeal are narrated as under :

3. Sole respondent Dule Singh Solanki claiming himself to be a member of Mogia Caste, submitted an application dated 24.11.2011 before the Sub-Divisional Officer, Revenue Tahsil Tarana District Ujjain for issuance of a caste certificate. It was stated in the application that Mogia Caste has been included as a Scheduled Tribe as per the Presidential Notification issued under the provisions of Constitution (Sche





































































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