BABAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) EACH of the petitioners was originally granted caste certificates describing them as members of Scheduled Tribe community for they belong to Gond caste. These certificates have been cancelled by an order issued by the Establishment Section of Buxar Collectorate bearing No. 59/2005 -2006 dated 5th July, 2005. The subject matter of challenge in the instant writ petition is the said order dated 5th July, 2005.

(3.) THE petitioners have brought on record many documents to suggest that they belong to "Gond" community and accordingly they are members of Scheduled Tribe community. Petitioner No. 1 has relied upon a document, which came into existence on 5th October, 1996, which suggests that the Petitioner No. 1 having been accepted as a member of the Scheduled Tribe community for he belongs to "Gond" caste, a piece of land belonging to the State was handed over to the petitioner no. 1 under the scheme through which the Government wanted to distribute land to landless members of Scheduled Tribe Community. While the caste certificate of the Petitioner No. 1 has been cancelled, this document by which such land was granted to him, has not yet been cancelled and accordingly the petitioner no. 1 could rely upon the said document. That apart, the petitioner no. 1 has relied upon many documents; of them one is an ancient document which came into existence on 15th March, 1955, which suggests that wife of Somaru, a Gond by caste, had purchased a plot of land by and under the said document which was registered.There are documents emanating from governmental authorities including the Election Commission of India which suggest that Kishun was son of Somaru and the petitioner no. 1 is the son of Kishun.