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2026:CGHC:13946 NAFR Digitally signed by AJAY KUMAR

DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH HIGH COURT OF CHHATTISGARH AT BILASPUR

COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN

Date: 2026.03.25

17:09:44 +0530 WPC No. 1186 of 2026

1. Surendra Singh Bhatia S/o Shri Jamir Singh, Aged About 50 Years R/o Chhal Road Gharghoda Behind Durga Mandir, Tah. Gharghoda Distt. Raigarh (C.G.)

2. Dharmendra Singh Bhatia S/o Shri Jamir Singh Aged About 49 Years R/o Chhal Road Gharghoda, Behind Durga Mandir, Tah. Gharghoda Distt. Raigarh

... Petitioners.

Versus

1. State Of Chhattisgarh Through Secretary, Tribal And Minority Development Department, Mahanadi Bhavan, Mantralay Atal Nagar, New Raipur, Distt.

Raipur (C.G.

2. The Chhattisgarh State Commission For Scheduled Tribes, Through Its Secretary, Near Bhagat Singh Chauk Shankargarh Road Raipur Distt. Raipur

(C.G.)

3. The Secretary, District Level Caste Certificate Scrutiny Committee, Raigarh, Distt. Raigarh (C.G.)

4. The Collector (Tribal Development Branch), Raigarh Distt. Raigarh (C.G.)

5. The Sub Divisional Officer (Revenue), Gharghoda, Distt. Raigarh (C.G.)

6. The Tahsildar, Gharghoda Distt. Raigarh (C.G.)

7. Shri Gurmit Singh S/o Shri Harcharan Singh R/o Bashir Colony Ward No. 5, Gharghoda, Distt. Raigarh (C.G.)

8. Shri Gurunam Singh S/o Shri Harcharan Singh, R/o Bashir Colony, Ward No.

5, Gharghoda Distt. Raigarh (C.G.)

... Respondents.

(cause title downloaded from CIS Periphery)

For Petitioners : Mr. Manoj Kumar Sinha, Advocate.

For Res No.1,3,4,5,6 : Mr. Sabyasachi Choubey, GA.

For Res No.2 : Mr. Ravi Kumar Bhagat, Advocate.

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( Hon’ble Shri Justice Naresh Kumar Chandravanshi )

Order on Board

24/03/2026

1. This Writ Petition under Article 226 of the Constitution of India has been

filed for the followings reliefs:-

"10.1 That the Hon'ble Court be pleased to call for the entire records in connection of the petitioner's cases.

10.2 That the Hon'ble Court be pleased to Issue an appropriate writ, order or direction quashing the enquiry proceedings initiated against the petitioners in Case No.409/2024 and Case No.410/2024 and Nasti No.

177/2025-2026 by Respondent Nos.2 and 3.

10.3 That the Hon'ble Court be pleased to Issue a writ of Certiorari quashing the notices dated 13.02.2024 (Ann.P/11) and 16.12.2025 (Ann.P/13) issued pursuant to

the complaints made by Respondent Nos. 7 and 8.

10.4 That the Hon'ble Court be pleased to Declare that once the caste certificates of the petitioners have been verified and found valid in earlier enquiries, the same cannot be reopened on identical allegations without fresh

material evidence.

10.5 Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice

10.6 That the cost of the petition be also awarded to the petitioners."

2. Learned counsel for the petitioner submits that, on account of a complaint

made by private respondents (Res No. 7 & 8) regarding the caste of the petitioners, an enquiry was conducted by the Sub Divisional Officer (Revenue), Gharghoda, District Raigarh. It was found that the petitioners belong to the "Bhattra" caste which belongs to Schedule Tribe community, and the said complaint was recommended for rejection via a communication by the SDO (Revenue) made to the Collector (Complaint Branch), Raigarh

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on 18.11.2022 (Annexure-P/9). Counsel further submits that the private respondents also sent a complaint to Respondent No.2, who subsequently issued a notice to Petitioner No. 2 on 13.02.2024 (Annexure-P/11), despite Respondent No. 2 having no power to issue such a notice. Hence, the notice

dated 13.02.2024 (Annexure-P/11) deserves to be quashed.

3. Counsel further submits that, on account of another complaint, Respondent

No.3 issued a notice to Petitioner No.2 on 16.12.2025 (Annexure-P/13) for the production of documents related to caste. It is also alleged to be illegal, as the issue of the petitioner's caste has already been decided by the SDO(R), Gharghoda. Hence, Respondent No. 3 has no power to