Ramkishuan @ Ramkrishna vs The State Of Madhya Pradesh
2023 Latest Caselaw 14812 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    MCRC No. 10191 of 2021
                                 (RAMKISHUAN @ RAMKRISHNA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 08-09-2023
                                Shri Manish Datt - Senior Advocate with Shri Vivek Agrawal -

                          Advocate for the petitioner.
                                Shri Vinay Sharma - Panel Lawyer for the respondent No.1/State.

None for the respondent No.2.

Heard on I.A. No.2727 of 2021, an application for stay.

Learned counsel for the petitioner has submitted that a Co-ordinate Bench of this Court vide order dated 17.08.2023 passed in Writ Petition No.8620 of 2020 (Ram Kishun @ Ram Krishan & Others Vs. The State of M.P. & Others) has set-aside the orders passed by the Sub-Divisional Officer, Hata and the Collector, Damoh cancelling the caste certificate issued in favour of the petitioner as same are held to be without jurisdiction.

It is contended by learned counsel for the petitioner that when orders of the SDM, Hata as well as the Collector, Damoh cancelling the caste certificate have been set-aside and have been held to be void ab initio, the trial of the case

which has been initiated on the basis of orders of the SDM as well as Collector is of no use. It is further contended that trial is in its fag end and judgment may be delivered soon. It is submitted that if delivery of judgment is not stayed, the purpose of filing the petition would fail. Therefore, it is prayed that proceedings in Session Trial No.15/2020 (State of M.P. Vs. Ramkrishna Mahobia) pending before the Additional Sessions Judge, Hata, District Damoh may be stayed.

Learned counsel for the State has fairly admitted that orders regarding Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 9/8/2023 6:15:08 PM

caste certificate passed by the SDM, Hata and the Collector, Damoh have been set-aside by this Court by order passed in writ petition.

Having taken into consideration the order dated 17.08.2023 passed in Writ Petition No.8620 of 2020 whereby the order cancelling caste certificate has been set-aside, the proceedings in Session Trial No.15/2020 (State of M.P. Vs. Ramkrishna Mahobia) pending on the case file of the Additional Sessions Judge, Hata, District Damoh are stayed till the next date of hearing.

List this case after four weeks.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

@shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 9/8/2023 6:15:08 PM