Dismissed

State of Odisha v. Kunalata Nayak

Orissa HC22 Oct 2024WA/307/2023

Case brief

AI extract

What is this about?

State appealed against a Single Judge order setting aside the Sub-Collector's cancellation of a caste certificate for want of appellate jurisdiction. Holding that only the Collector is the appellate authority under the 1980 Rules and the 2014 Act was not in force absent notification, the Division Bench dismissed the appeal.

What the court decided

AI extract

State of Odisha Vs Kunalata Nayak — Caste Atrocities | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A.No.307 of 2023

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1.State of Odisha 2.Collector, Nayagarh 3.Sub-Collector, Nayagarh 4.Tahasildar, Gania

… Appellants

Mr.Saswat Das, AGA

-versus-

1.Kunalata Nayak 2.Susanta Kumar Barik, Assistant Revenue Inspector, Chhamundia, Nayagarh 3.Namita Behera

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… Respondents

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Mr.Niranjan Lenka, Advocate (for Respondent No.1) Mr.J.R.Behera, Advocate (for Proforma-Respondent No.3

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE SAVITRI RATHO ORDER

Order No.

22.10.2024

I.A.No.773 of 2023

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This matter is taken up through Hybrid mode.

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Heard Mr.Saswat Das, learned Addl. Government Advocate

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appearing for the appellants-State, Mr.Niranjan Lenka, learned counsel appearing for respondent No.1 and Mr.J.R.Behera, learned counsel appearing for proforma-respondent No.3.

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The State of Odisha has preferred the present intra-Court appeal putting to challenge an order passed by the learned Single Judge of this Court dated 04.01.2023 passed in W.P.(C) No.15048 of 2022. This appeal

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is barred by limitation. There is delay of 16 days in preferring this appeal.

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Page 1 of 4

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Considering the averments made in the application seeking condonation of delay, the delay is condoned.

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The I.A. is accordingly disposed of.

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W.A.No.307 of 2023

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The short facts necessary for the present adjudication are that the respondent No.1 had preferred the writ application before this Court giving rise to W.P. (C) No.15048 of 2022 challenging an order dated 08.10.2021 passed by the Sub-Collector, Nayagarh in Misc. Certificate Appeal No.01 of 2019. By the said order dated 08.10.2021, exercising the power of an appellate authority under Odisha Caste Certificate (For Scheduled Castes and Scheduled Tribes Rules, 1980), the Sub-Collector had cancelled the caste certificate issued in favour of respondent No.3. The order of the Sub-Collector was passed on an appeal preferred by the respondent No.3. The said order of the Sub-Collector was challenged before this Court by filing the writ application only on the ground that the Sub-Collector did not have the jurisdiction to act as an appellate authority.

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The learned Single Judge has sustained the said ground for challenging to the order of the Sub-Collector and set aside the order, by the order which is impugned in the present intra-Court appeal. 8. We do not find any legal infirmity in the impugned order passed by the learned Single Judge in view of the clear provision under Rule-9 of Odisha Caste Certificate (For Scheduled Castes and Scheduled Tribes

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Page 2 of 4

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Rules, 1980) which provides that - “any person aggrieved by an order passed by a competent authority subordinate to that of District Magistrate/Collector may prefer an appeal before the District Magistrate/Collector concerned..” .

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The learned Single Judge, in our opinion, has rightly held - the order passed by the Sub-Collector dated 08.10.2021 to be beyond jurisdiction.

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We have been informed that the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2011 (Odisha Act 8 of 2014) has been enacted and Sub-section (2) of Section 1 of the said Act prescribes – It shall come into force on such date, as the State Government may, by notification, in the Official Gazettee, appoint.

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In exercise of rule-making power, the government has made Rules, i.e., Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Rules, 2019.

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The learned Single Judge has noted in the impugned order that there is no notification published in the official gazettee of the date on which the Act has come into force and in such view of the matter, Rules of 2019 has no application. In any view of the matter, even the provisions under the

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Page 3 of 4

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Rules of 2019 conferred power of the appellate authority on the Collector and not the Sub-Collector.

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Learned counsel appearing on behalf of the respondent No.3 who had preferred the appeal before the Sub-Collector, has submitted that she has preferred an appeal before the Collector, Nayagarh, registered as Misc. Certificate Appeal No.01 of 2022 which is pending.

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Since the appellants could not satisfy in the writ proceeding that the State Government have notified the date in the official gazettee for which the Act of 2014 was to come into force, the learned Single Judge has rightly held that the provision of the Act of 2014 is not applicable.

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