SHOVIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court.--This writ petition has been preferred for getting writ of mandamus to be issued upon respondents for the fact that they have refused to issue caste certificates for the reason that the petitioners could not point out 'khatian' Le. revenue entries in the name of the petitioners pertaining to any land.

(2.) Counsel for the respondents submitted that in fact, there is no statutory requirement of khatiari in the name of the present petitioners because sometimes a person may have land or may not have, but. if the petitioners belong to a particular cast, the caste certificates ought to have been issued by the respondents and therefore let a suitable direction be given to respondent No. 2 so that upon his proper supervision and control, the subordinate officer may pass the order in accordance with law and considering the annexures and evidences supplied in the memo of this writ petition.

(3.) In view of this limited submissions and looking to the facts that now 'khaliari le. revenue entries in the name of the petitioners are not required for any land because there is no such statutory requirement for issuance of the caste certificates, I hereby, direct respondent No. 2 to take a decision about the claim of the petitioners for the issuance of caste certificates keeping in mind the annexures annexed with the memo of the petition especially Annexures-7/1, 7/2 and Annexure-8 to the rejoinder affidavit filed by the petitioners. This decision will be taken by any officer authroised to take a decision working under respondent No. 2, about issuance of caste certificates to the petitioners within a period of two weeks from the date of receipt of a copy of an order of this Court. It goes without saying that now respondents will not demand any 'khatiari or revenue entrie %, in the name of the petitioners. Petitioners are also permitted to present any other documents upon which they are relying upon to prove their castes.