STATE OF M P Vs. DULE SINGH SOLANKI

JUDGEMENT

(1.) REGARD being had to the similar controversy involved in these cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of Writ Appeal No.916/2013 are narrated as under : -

(2.) THE present writ appeal has been filed by the State of Madhya Pradesh being aggrieved by the order dated 27.4.13 (Annexure -A/1) passed in WP No.9296/12, by which the learned Single Judge has allowed the writ petition and has directed the Sub Divisional Officer, Revenue to decide the representation preferred by the respondent Dule Singh Solanki after granting an opportunity of hearing by passing a reasoned order. The facts necessary for adjudicating the present writ appeal are narrated as under :

(3.) 1.12 and the order passed by the Collector dated 30th April, 2012, a writ petition preferred before this Court. A ground was raised by the petitioner therein i.e. in WP No.9296/12 that as per Constitution (Scheduled Tribe) Order 1950 'Mogia Caste' in the State of Madhya Pradesh at item number 16 finds place and its a Scheduled Tribe. It was also argued that in a similar case, the Division Bench of this Court i.e. in the case of Krashnapalsing and Ors. Vs. State of Madhya Pradesh and Ors [WP No.6762/2007 (PIL)] decided on 23.1.2008 has held that the Mogia is a Scheduled Tribe in the entire State of Madhya Pradesh. It was also brought to the notice of the learned Single Judge that all the relatives of the sole respondent Dule Singh Solanki have been issued a caste certificate certifying them as a member of Scheduled Tribe "Mogia". 4. A reply was filed by the State Government to the writ petition and it was stated in the reply and based upon some studies conducted by Schedule Tribe Research Centre, Madhya Pradesh, Mogia and Moghiya are two different castes and Moghiya has to be treated as Scheduled Caste and not Scheduled Tribe. It was also stated in the return that in certain districts of State of Madhya Pradesh "Mogia" is a Scheduled Caste and not a Scheduled Tribe and based upon the research conducted by the Schedule Tribe Research Centre, Madhya Pradesh, the Sub Divisional Officer was justified in rejecting the claim. Another document has been filed by the State Government as Annexure -R/1, wherein it was stated that Mogia is a Scheduled Tribe and Moghiya is a Scheduled Caste and certificate be issued accordingly. Learned Single Judge based upon the documents on record and the undisputed fact that the sole respondent -Dule Singh Solanki is a member of Mogia Tribe, has disposed of the writ petition by quashing the order passed by the Sub Divisional Officer on 4.1.12 and has directed the Sub Divisional Officer to decide the representation of the sole respondent by passing a reasoned order.