GEETA RAY Vs. NAGENDRA CHANDRA DAS

JUDGEMENT

(1.) By this petition, the petitioner impugns the order dated 31-3-2001 (Arinexure P-l) passed by the Additional Collector, Ambikapur, Sarguja, in exercise of his revisional power under Section 50 of the Chhattisgarh Land Revenue Code, 1959 (for short "the CGLRC").

(2.) Case of the petitioner, in brief, is that the petitioner was granted a valid caste certificate by the Tehsildar, Ambikapur, on 8-9-1997 (Annexure P-2). Thereafter, the Additional Collector, exercising his revisional jurisdiction under the provisions of Section 50 of the CGLRC, set aside the caste certificate issued by the Competent Officer, Le., Tehsildar, Ambikapur. It was further directed to cancel the appointment of the petitioner, which was obtained on the basis of caste certificate issued by the Tehsildar on 8-9-1997.

(3.) Ms. Siddiqui, learned Counsel appearing for the petitioner, submits that there is no provision under the CGLRC empowering the Sub Divisional Officer or the Tehsildar to issue a caste certificate. The Sub Divisional Officer/ Tehsildar have been conferred the power to examine and issue the caste certificate under executive instruction dated 1-8-1996. Thus, the impugned order dated 31-3-2001 is without any jurisdiction and void ab initio. Learned Counsel in support of her contention, placed reliance upon the decisions of the Supreme Court rendered in Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development and others, 1994 6 SCC 241, GM, Indian Bank Vs. R. Rani and another, 2008 2 SCC(L&S) 956.