RAM SHABD RAM Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record. This Modification Application No. 261159 of 2013 has been filed by the petitioners stating that the order and judgment dated 8.8.2013 may be modified by the Court permitting them to approach the Ciil Court for redressal of their grieance on questions of facts as to whether Dhuria is a sub -caste of "Gond" which falls under the category of scheduled caste community.

(2.) THE contention of learned Counsel for the petitioners is that prior to the passing of the impugned orders neither any show cause notice nor any opportunity of hearing was proided to the petitioners, which is in iolation of the principles of natural justice.

(3.) IT is stated that the controersy in the petition was as to whether the petitioner falls under the puriew Scheduled Castes and Scheduled Tribes Act, 1967 (hereinafter referred to as 'the Act') in which 'Gond' caste along with fie castes namely, Dhuriya, Nayak, Ojha, Patheri and Raj Gond residing in Uttar Pradesh hae been identified as Scheduled castes and that as per Goernment Orders dated 29.8.1977 and 15.6.1991 'Gond' (sub -caste Dhuriya) residing in Uttar Pradesh also belongs to Scheduled Caste Community and as such the respondents hae illegally and arbitrarily passed the impugned orders dated 12.10.2000 and 29.9.2000 on the basis of exparte report dated 15.9.2000 submitted by the Tehsildar.