IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA st ON THE 1 OF MARCH, 2023 WRIT PETITION No. 4730 of 2023 BETWEEN:-

ROSHAN DABI S/O SHRI ANIL DABI (MINOR) THROUGH GUARDIAN FATHER ANIL DABI S/O SHRI SARDARSINGH DABI R/O GRAM KOND TEHSIL BADNAWAR DISTT. DHAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHISH JOSHI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. SHRIMAN COLLECTOR MAHODAY COLLECTOR OFFICE COLLECTOR OFFICE DHAR (MADHYA PRADESH)

3. SHRIMAN ANUVIBHAGIYA ADHIKARI (REVENUE)

BADANAWAR, DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI AMAY BAJAJ - PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

ORDER

1. The petitioner before this Court has filed present petition being aggrieved by order dated 07.01.2020 (Annexure - P/1) by which the Sub Divisional Officer, Revenue, Badnawar, District Dhar, respondent No.3, has refused to issue Caste Certificate in favour of the petitioner by treating him to Signature Not Verified Signed by: RASHMI be belonging to Schedule Tribe and also by order dated 01.02.2020 (Annexure P/2) 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 dated 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 Signature Not Verified Signed by: RASHMI 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 dated 4.1.12. The sole respondent being aggrieved by the order dated 4.1.12 preferred a revision petition under Section 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 dated 4.1.12 and the order passed by the Collector dated 30th April, 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 ite