Budhiram Bindhani vs Collector
2023 Latest Caselaw 7026 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.11085 of 2023
                           (Through hybrid mode)

        Budhiram Bindhani                       ....             Petitioner

                                               Ms. Pami Rath, Advocate
                                   -versus-

        Collector, Mayurbhanj and others        ....      Opposite Parties

                                                  Mr. A.K. Nanda, AGA



                  CORAM: JUSTICE ARINDAM SINHA
                                  ORDER

Order                            21.06.2023
No.
  1.    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

// 2 //

official basis. Mr. Nanda submits further, judgments of this 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.

(Arindam Sinha) Judge Sks

Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Jun-2023 18:05:52