Kalicharan Bindhani vs Collector
2023 Latest Caselaw 7452 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.11082 of 2023


        Kalicharan Bindhani                    ....            Petitioner

                                     Ms. Pami Rath, Senior Advocate
                                   -versus-

        Collector, Mayurbhanj and others       ....     Opposite Parties

                                               Mr. A.K. Sharma, AGA



                  CORAM: JUSTICE ARINDAM SINHA
                                  ORDER

Order                            06.07.2023
No.
  2.    1.      Ms. Rath, learned senior advocate appears on behalf of

petitioner and Mr. Sharma, learned advocate, Additional Government Advocate for State.

2. The writ petition was moved on 21st June, 2023. Text of order made that day is reproduced below.

"1. Ms. Rath, learned advocate appears on behalf of petitioner and submits, impugned is decision dated 29th December, 2022 of the Collector, whereby the authority did not interfere with order passed by the Tahsildar refusing to issue caste certificate to her client. She submits, the decision was based on Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of the Caste Certificate) Rules, 2019. She submits, the rules have not yet been notified.

2. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and submits, there be direction for issuance of notice to all opposite parties for instructions to be had on official basis. Mr. Nanda submits further, judgments of this

// 2 //

Bench regarding notification of the Act and rules are pending in the writ appeal Court.

3. Opposite parties are functionaries of State. Copy of the petition has been served to office of learned Advocate General and Additional Government Advocate appears. In the circumstances, Court requires instructions to be issued and submissions made on whether or not the rules had been notified as on date of impugned decision. Court expects clear submissions to be made on adjourned date, failing which there will be adverse inference.

4. List on 5th July, 2023 for State to produce the notification."

3. Mr. Sharma hands up instruction letter dated 5th July, 2023 which says, inter alia, final publication of 2019 Rules was not completed. The instruction be kept in the file.

4. Petitioner has prayed for quashing of order dated 29th December, 2022. Second prayer is for direction for issuance of caste certificate. There not being any dispute that impugned order was passed with reference to the 2019 draft Rules, not yet notified, the order is liable to be and is set aside and quashed. Petitioner is left to find his remedy for obtaining the caste certificate from the appropriate authority.

5. The writ petition is disposed of.

(Arindam Sinha) Judge

Jyoti/RKS

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 06-Jul-2023 18:22:38