KRISHNAKANT Vs. UNION OF INDIA

JUDGEMENT

(1.) The following questions arise for consideration in this writ petition:

(2.) For answering the above questions effectively, it will only be worthwhile to have a look at the background leading to the dispute. The Petitioner contends that he belongs to the caste 'Saunra' and that he is not a member of any Scheduled Tribe, nor has he availed any benefits of the said community flowing from the Constitutional provisions or such other laws/orders issued by the Government. The Petitioner is stated as the owner of various extent of lands comprised in different Khasra numbers and because of dire necessity for money, he wanted to sell his land to some persons who are not members of any tribal community, who turned up to purchase the land. So as to effect registration of the sale, it was necessary for the Petitioner to obtain relevant documents from the Revenue Department; but on approaching the said authorities, they allegedly refused to issue the requisite documents - ( fcdzh NkWaV), for the reason that the Petitioner, being a member of the Scheduled Tribe community, the property was not liable to be conveyed to a non-tribal. Though the Petitioner tried to convince the revenue authorities with reference to the factual position that he is not a member of any Scheduled Tribe, also with reference to the Presidential Notification issued in terms of Article 342(1) of the Constitution of India, it was not acceded to; which made the Petitioner to approach this Court by filing Writ Petition (C) No. 2495 of 2018 seeking for appropriate directions to be given to the revenue authorities to provide the necessary materials and also to direct the Sub Registrar, Baramkela to register the sale deed after realising the requisite stamp duty in accordance with law.

(3.) The Petitioner made a reference to the letter bearing bearing No. TRI/ST/206/2014/2927, dated 20.11.2014 issued by the State to the authorities of the Caste Scrutiny Committee-District Janjgir-Champa, clarifying that only the castes by name " loj" and "lojk" were included in the Presidential Order and that a recommendation had already been made to get the castes "lkSjk] lkSajk] laojk] lgjk" also to be included therein; however adding that certificates could be issued to persons belonging to such groups only on getting the Presidential Order amended by way of appropriate proceedings. In support of the prayers sought for, the Petitioner sought to rely on the judgment dated 03.04.2013 in Writ Petition (PIL) No. 13 of 2013 (Vasudev Sharma v. State of Chhattisgarh and Others), wherein validity of the Circular dated 11.09.2009 issued by the District Collector, Raigarh, prohibiting conveyance of properties belonging to "Sanwara" and "Saunra" was also challenged. Referring to the Circular dated 29.06.2010 issued by the Central Government, whereby the recommendation/proposal made by the State Government was declined and rejected, the Division Bench of this Court had observed that the impugned Circular dated 11.09.2009 issued by the Collector, was impliedly overruled and superceded and hence, it was not required to quash the Circular impugned in the said public interest litigation. It was accordingly, that the writ petition was disposed off.