JUDGMENT

1. The petitioner before this Court has filed present petition being aggrieved by order dtd. 20/8/2018 (Annexure - P/20) by which the Sub Divisional Officer, Revenue, Badnawar, District Dhar, respondent No.4, has refused to issue Caste Certificate in favour of the petitioner by treating him to be belonging to Schedule Tribe and also by order dtd. 10/10/2018 (Annexure P/22 ) passed by the appellate authority, who affirmed the aforesaid impugned order.

2. The petitioner is undoubtedly a member of 'Mogia' caste and 'Mogia' caste has been included in Scheduled Tribe Category at Entry No.16 in the Presidential Notification issued by the State of Madhya Pradesh under the provisions of Constitution (Scheduled Tribes) Order, 1950. The respondents in fact are treating the petitioner as a member belonging to Scheduled Caste.

3. Shri L.C.Patne has drawn the attention of this Court towards a judgment delivered in the case of State of M.P. & Others Vs. Dule Singh Solanki & Others reported in 2014(1) MPHT 331 (DB). In the aforesaid case, there was a similar controversy involved and the persons belonging to 'Mogia' caste were not being treated as Scheduled Tribe. The Division Bench of this Court in the aforesaid case in paragraphs No.3 to 9 has held as under:-

"3. Sole respondent Dule Singh Solanki claiming himself to be a member of Mogia Caste, submitted an application dtd. 24/11/11 before the Sub Divisional Officer, Revenue Tehsil 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 (Schedule Tribe) Order 1950. The application of the sole respondent was processed and a report was obtained from Patwari of the village. The Patwari has submitted his report after due enquiry to the Naib Tehsildar, Tarana on 18/12/11 duly certifying that the sole respondent Dule Singh Solanki is a member of Mogia Tribe. It was also reflected in the Patwari's report that based upon the pre-independence land record documents, the caste of the sole respondent is Mogia and statement of villagers was also recorded as well as a Panchnama was also prepared. The Naib Tehsildar forwarded the report of the Patwari to the Sub-Divisional Officer with a recommendation for issuing a caste certificate treating Dule Singh Solanki as a member of Scheduled Tribe category. The Sub Divisional Officer, however has rejected the petitioner's claim for issuance of a caste certificate of schedule tribe category vide order dtd. 4/1/12. The sole respondent being aggrieved by the order dtd. 4/1/12 preferred a revision petition under Sec. 50 of M.P. Land Revenue Code, 1959, however the same was dismissed by the Collector, District Ujjain and being aggrieved by the order passed by the Sub Divisional Officer dtd. 4/1/12 and the order passed by the Collector dtd. 30/4/2012, a writ petition preferred before this Court. A ground was raised by the petitioner therein i.e. in WP No.9296/12 that as per Constitution (Scheduled Tribe) Order 1950 Mogia Caste' in the State of Madhya Pradesh at item number 16 finds place and its a Scheduled Tribe. It was also argued that in a similar case, the Division Bench of this Court i.e. in the case of Krashnapalsing and Ors. Vs. State of Madhya Pradesh and Ors [WP No.6762/2007 (PIL)] decided on 23/1/2008 has held that the Mogia is a Scheduled Tribe in the entire State of Madhya Pradesh. It was also brought to the notice of the learned Single Judge that all the relatives of the sole respondent Dule Singh Solanki have been issued a caste certificate certifying them as a member of Scheduled Tribe Mogia.

4. A reply was filed by the State Government to the writ petition and it was stated in the reply and based upon some studies conducted by Schedule Tribe Research Centre, Madhya Pradesh, Mogia and Moghiya are two different castes and Moghiya has to be treated as Scheduled Caste and not