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 (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 Tahsildar, Tarana on 18.12.2011 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 Tahsildar 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 4.1.2012. The sole respondent being aggrieved by the order dated 4.1.2012 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 4.1.2012 and the order passed by the Collector dated 30ththApril, 2012, a writ petition preferred before this Court. A ground was raised by the petitioner therein i.e. in Writ Petition 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 Krashnapalsingh and others v. State of Madhya Pradesh and others [Writ Petition 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 Scheduled Tribe. It was also stated in the return that in certain districts of State of Madhya Pradesh “Mogia” is a Scheduled Caste and not a Scheduled Tribe and based upon the research conducted by the Schedule Tribe Research Centre, Madhya Pradesh, the Sub-Divisional Officer was justified in rejecting the claim. Another document has been filed by the State Government as Annexure R-1, wherein it was stated that Mogia is a Schedu