NAMITA SAGARIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying for quashing of the order dtd. 22/1/2022 under Annexure-2 whereby, her Caste Certificate issued under Annexure-1 was cancelled.

(2.) The case of the petitioner is that, she happens to be a permanent resident of village Kusumi under Tentulikhunti Police Station in the district of Nabarangpur. She applied for issuance of a Caste Certificate in her favour before the Tahasildar, Tentulikhunti (opposite party No.3). The opposite party No.3 conducted the enquiry through concerned Revenue Inspector and being satisfied about the caste of the petitioner as "Dambo" which is recognized as Scheduled Caste under Constitution (Scheduled Castes) Order, 1915 issued Caste Certificate in her favour on 18/1/2022 under Annexure-1. Suddenly without any rhyme and reason and without issuing any notice to the petitioner to show cause and without causing any enquiry, the Tahasildar, Tentulikhunti abruptly intimated cancellation of the above noted Caste Certificate vide letter dtd. 22/1/2022 issued under Annexure-2 to the Election Officer- cum-Block Development Officer, Tentulikhunti. The petitioner came to know about such cancellation from the Office of Block Development Officer, Tentulikhunti. It is the further case of the petitioner that the father of the petitioner Gangadhar Harijan belongs to "Dombo" caste, which would be clear from the Record of Rights issued under Annexure-3 series. Similarly, the title "Sagaria" which happens to be the title of the husband of the petitioner also comes under "Dombo" caste as would be clear from the Record of Rights issued in favour of the ancestors of the husband of the petitioner under Annexure-3 series. Thus all throughout the petitioner belongs to "Dombo" caste and also married in the Dambo caste and as such there was no reason available with the opposite party No.3 for cancelling her caste certificate, which was rightly issued under Annexure-1 without giving any notice to her. Such cancellation is politically motivated as she was taking part in the last panchayat election and was issued in haste and since the same has been passed in violation of principles of natural justice, the same should be quashed.

(3.) In the counter affidavit filed by the opposite party Nos.2 and 3, the stand of the said opposite parties is that the petitioner had applied for a Scheduled Caste Certificate on 20/12/2021. Since after marriage, she is presently living in village Kusumi, in order to ascertain the birth caste of the applicant, such application was forwarded to the Tahasildar, Nabarangpur. After receipt of report from the Tahasildar, Nabarangpur along with the report of Revenue Inspector, Chikili and basing on the said reports, the certificate was approved on 18/1/2022. However, on 18/1/2022, an objection under Annexure-A/2 was received from the villagers of Kusumi to the effect that the petitioner and her family members are practicing Christianity, Christian customs and traditions so she cannot belong to scheduled caste as her present religion is Christian. Accordingly, on 20/1/2022, the opposite party No.3 along with the Revenue Inspector, Anchalguma went to village Kusumi to do a preliminary enquiry into the objection filed by the villagers. There they recorded the statements of some villagers. Such statement has been filed as Annexure-B/2 and accordingly, the application of the applicant which was approved on 18/1/2022 was reverted back i.e. was put on hold and now the present status of the case is that the application of the petitioner is under process and final order in the case has not yet been passed. After following the due procedure, the case will be disposed of. When on 22/1/2022, the Block Development Officer-Cum-Election Officer, Tentulikhunti sought for a clarification on the genuineness of the certificate produced by the petitioner, the impugned letter under Annexure-2 was issued.