NAND LAL GOND Vs. TAHSILDAR, BURHANPUR & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

(2.) Caste certificate issued to the petitioner certifying that he belongs to Gond community, which is a Schedule Caste, was cancelled by the Tehsildar vide order dated 01.05.1997. Petitioner approached this Court challenging the said order by filing Civil Misc. Writ Petition No. 18608 of 1997. A Division Bench of this Court finding that the said order has been passed without any notice and opportunity of hearing quashed the same and remanded the matter back to the authority with direction to pass fresh order after affording reasonable opportunity of hearing to the petitioner.

(3.) Pursuant to the order passed by this Court, the matter was reconsidered by the Tehsildar and he passed an order dated 22.10.1997 to the effect that earlier certificate of Scheduled Caste issued to the petitioner was correct. Subsequently, the said order was recalled on an application filed by the complainant. The matter was again heard by the Tehsildar and after perusing the evidence adduced on behalf of the parties vide impugned order dated 12.01.1999, the Tehsildar held that certificate of Scheduled Caste was obtained by the petitioner by concealing the fact and thus cancelled the same. Tehsildar while passing the impugned order has based his finding that petitioner was a member of KAHAR and not Scheduled caste on the basis of school leaving certificate and Khatauni of 1348 F wherein caste of the fore-father of petitioner was mentioned as KAHAR.