Disposed

G. Mamta v. State of Chhattisgarh

Chhattisgarh HC10 Jul 2024WPC/2563/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking cancellation of forged caste certificates. The petitioners sought a direction for the Sub Divisional Officer to proceed with the verification complaint as ordered by the Collector, without claiming adverse relief against other respondents. The court disposed the matter at the admission stage, directing the officer to act expeditiously.

What did the court decide?

Direction issued to Respondent No. 2 to proceed with the complaint filed by the petitioner as observed by the Collector in the order dated 28.2.2024, expeditiously.

G. Mamta Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2563 of 2024

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G. Mamta W/o Mohan Aged About 38 Years R/o Dak Bangla, Near Pushpa Kirana Stores, Gokul Chowk, Puraina, Bhilai-03,, District : Durg, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Collector, Durg, District : Durg, Chhattisgarh

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Sub Divisional Officer (Revenue) Durg, District : Durg, Chhattisgarh

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Sushri Ranjita Nag D/o Mahanti Nag, R/o Village Puraina, Ward No.40, Tahsil Patan, District Durg (C.G.)

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Sushri Rupa Sona D/o Puran Sona, R/o Utkal Chowk, Puraina, Ward-38, Tahsil Patan, District Durg (C.G.)

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---- Respondents

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For Petitioner : Mr. Jitendra Pali, Advocate For Respondent-State : Mr. Anmol Sharma, Panel Lawyer

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SB: Hon’ble Mr. Justice Parth Prateem Sahu

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ORDER ON BOARD

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11.07.2024

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Petitioner has filed this writ petition seeking following reliefs:-

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“i. To kindly direct the respondent authorities to cancel the aforesaid false, forged and fabricated caste certificates immediately.

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ii. To kindly issue a direction to the respondent authorities to decide the matter expeditiously.

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Iii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

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2] That, this Hon’ble Court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Learned counsel for petitioner submits that a complaint was made by petitioner before respondent No.2, the competent authority under Section 4 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 [henceforth ‘the Act of 2013’] , questioning the social status of respondents No.3 and 4. Said application was rejected by respondent No.2 on the ground that he being the authority who had issued the social status certificate in favour of respondents No.3 and 4, cannot consider the complaint submitted by petitioner. The order passed by respondent No.2 was put to challenge before the Collector by filing an appeal under Section 5 of the Act of 2013 and the Collector considering the issue involved in detail and taking note of the provisions of the Act of 2013 that there is a District Level Certificate Verification Committee, has remanded back the matter to respondent No.2 with a direction to proceed in accordance with law. He submits that the order is dated 28.2.2024, however, till date petitioner was not given any information about the status of proceeding pending on her complaint. Hence, a direction be issued to respondent No.2 to proceed with the matter as per direction issued by the Collector, at the earliest.

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Learned State Counsel submits that as the petitioner is

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seeking only a direction for respondent No.2 to proceed as per direction of the Collector, he is not having any objection in grant of such relief.

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I have heard learned counsel for the parties and perused the documents filed along with writ petition.

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Considering the facts and circumstances of the case, the fact that as of now petitioner is not claiming any relief against the interest of respondent No.3 & 4 and only praying for a direction to respondent No.2 to proceed as per direction of the Collector, I am of the view that this writ petition can be disposed at the admission stage itself without issuing notice to respondent Nos.3 & 4.

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Accordingly, this writ petition stands disposed of with a direction to respondent No.2 to proceed on the complaint filed by petitioner, as observed by the Collector in the order dated 28.2.2024 passed in Revenue Appeal No.2023041002000005/15/B-121/ Year 2022-23 (Smt. G. Mamta vs. Sub Divisional Officer (R) Durg & others), in accordance with the law expeditiously.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

G. Mamta v. State of Chhattisgarh

Case brief

What is this about?

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G. Mamta v. State of Chhattisgarh

Case brief

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