Disposed

Bisikeshan Meher v. State of Orissa

Orissa HC1 Nov 2016WP(C)/18876/2016

Case brief

AI extract

What is this about?

The writ petition challenging rejection of a Caste Certificate application by the Tahsildar was disposed of, directing the petitioner to file a fresh application. This court ordered the issuance of a provisional caste certificate within fifteen days subject to the outcome of a pending Supreme Court SLP.

What did the court decide?

A fresh application filed and a provisional caste certificate issued within fifteen days subject to the pending SLP.

Bisikeshan Meher Vs State of Orissa — Caste Atrocities | Orissa HC (2016)

¶1

W.P. (C) No.18876 of 2016

¶2

01.11.2016

¶3

 Heard learned counsel for the petitioner and learned Addl. Govt. Advocate.

¶4

 The present writ petition has been filed challenging rejection of the application fo
r issuance of Caste Certificate by the Tahsildar, Ullunda.

¶5

 The petitioner has filed the writ application on the ground that, though Kuli and Ku
lis have been held to be synonymous by judicial pronouncement of this Court, the Tahsildar, wi
thout taking into consideration the effect of pronouncement by this Court, has rejected the ap
plication of the petitioner for issuance of Caste Certificate on the ground that SLP filed by
the State is pending before the Honble Supreme Court.

¶6

 It is fairly admitted at the Bar that, no stay order has been passed by the Honble S
upreme Court in SLP (C) C.C. No.4643 of 2012 (State of Odisha vs. Dasarathi Meher).

¶7

 Taking into consideration the aforesaid position, this writ petition is disposed of
with the direction that the petitioner shall make a fresh application in proper format under t
he Orissa Caste Certificate For Scheduled Caste & Scheduled Tribe Rules, 1980 before the Tahas
ildar, Ullunda. If such an application is filed for issuance of Caste Certificate, a Provisio
nal Caste Certificate may be issued in favour of the petitioner, within fifteen days from the
date of filing of the application, after making due enquiry, which shall be subject to the res
ult of the SLP pending before the Honble Supreme Court.

¶8

 While issuing the Certificate, it should be clearly mentioned in the said Caste Cert
ificate that, the Caste Certificate is provisional in nature and it is subject to the result o
f the decision of the Honble Apex Court in the aforesaid SLP.

¶9

 The writ petition is accordingly disposed of.

¶10

 C.R. Dash, J.

¶11

 Urgent certified copy of this
 order be granted as per rules.
By order.

¶12

Bisikeshan Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bisikeshan Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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