KAMTA PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD on admission.

(2.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioners who are claiming to be "bhoriya" caste, have questioned the legality, validity and correctness of the order dated 28-4-2005 (Annexure P-1) passed by the Deputy secretary, Government of Chhattisgarh, adim Jati Tatha Anusuchit Jati Vikas vibhag, Ralpur, whereby the learned Deputy secretary gave direction to the effect that the memo dated 8-5-2003, issued by the state Government in connection with bhoriya caste people who are residing in korba District regarding issuance of certificate in the name of Bhariya Scheduled Tribe, stands cancelled with immediate effect.

(3.) SHORN of unnecessary details, facts giving rise to the present writ petition are that by Presidential Orders under Article 342 of the Constitution of India, the persons belonging to Bhariya-Bhumia, Bhuihar-Bhumia, Bhumia, Bhariya, Paliha, Panodo, residing in Chattisgarh area were included in the list of Scheduled Tribe. It appears that scheduled tribe Certificate was not being issued to the persons belonging to Bhariya caste, then they approached the State of chhattisgarh and considering their grievances, the Deputy Secretary, State of chhattisgarh, issued the memo dated 8-5-2003 whereby the Collector, Bilaspur, was directed to issue directions to the sub Divisional Officer and Tahsildar, Katghora and Korba that Bhoriya caste people be issued the schedule Tribe Certificate as they were being issued such certificates prior to 1998 and that be restored. It appears from para 5 of reply filed by the State that later on they realized the mistake in issuing the memo dated 8-5-2003, therefore, they passed the order dated 28-4-2005 (Annexure-1)cancelling the memo dated 8-5-2003 and the position existing before 8-5-2003 was restored.