Shri Ranjit Kumar vs State of Himachal Pradesh, & Ors.

The following reliefs stand claimed by the petitioner in the present writ petition:

"i) That a writ in the nature of mandamus may kindly be issued directing the respondents No. 1 to 3 to enter the caste i.e. "Schedule Caste tribe ''Gaddi Brahaman'' in all revenue records within time bound directions with compliance to this Hon''ble Court.

ii) Record pertaining to the case may kindly be called for.

iii) Any other writ, order or direction, which this Hon''ble Court may deem fit, just and proper in the facts and circumstances of the present case, may kindly be passed in the interest of justice."

Petitioner claims to be belonging to Scheduled Tribe category, who has purchased three biswas of land in Muhal Mugla on 20.07.2005 for the purpose of construction of house over Khasra No. 33/46 in Tehsil and District Chamba. He claims to have purchased 0-6 biswas of land from one Smt. Geeta in Pargana Kalendra, Chamba on 17.10.2003. He also claims to be owning land, details of which are mentioned in paras 5 and 6 of the petition. His grievance is that despite the fact that he belongs to Scheduled Tribe category, i.e., ''Gaddi Brahaman'', as he was a permanent resident of Village Sakue Muhal, Panchayat Rehlu, Patwar Cricle Tehsil Shahpur, H.P. and as he wants to permanently settle at Chamba, he has unsuccessfully requested respondent No. 3 to incorporate entries in revenue record to the effect that he is a ''Gaddi Brahaman'', however, he is being reflected in the revenue record of District Chamba only as a ''Brahman''.

In the reply filed by respondents No. 1 to 3, the stand of the said respondents is that the petitioner is baisically a ''Brahman'' and not a ''Gaddi Brahman''. Accordingly, as per the respondents, he does not belong to Scheduled Tribe category and there is no illegality in the revenue records, in which his status is being reflected as ''Brahman''. It is further mentioned in the reply that in District Chamba, First Regular Land Settlement was conducted in the year 1951, which was completed in the year 1957-58. Revenue records pertaining to Mohal Galthan & Chhattrari, Tehsil and District Chamba, bearing Hadbast No. 115 & 117, which were prepared at that time reflect that forefathers of the petitioner belonged to Brahman caste and Bhardwaj sub caste. It is further mentioned in the reply that even in the revenue records, which were prepared prior to the First Regular Land Settlement in District Chamba and which was in ''Tankri Script'', the caste of the forefathers of the petitioner was recorded as Brahman. It is also stated in the reply that in subsequent periodic records of Mohal Galthan & Chhattrari, which are prepared from time to time, the caste of the petitioner is recorded as ''Brahman'' and not as ''Gaddi Brahman''. It is further mentioned in the reply that application for caste correction filed by the petitioner already stands turned down. The averments made in the reply are duly supported by the annexures, which stand appended with the same.

We have heard the learned counsel for the parties and have also carefully perused the record.

A perusal of the documents appended with the reply demonstrate that the caste (Kaum) of the forefathers of the petitioner stands reflected in the revenue record as ''Brahman'' and their sub caste (Gotre) stands entered as ''Bhardwaj''. This is evident from Annexure R-2 as well as Annexure R-4. Now, incidentally no rejoinder has been filed to the reply so filed by respondents No. 1 to 3. Respondents have also appended with the reply as Annexure R-6 an order passed by Collector, Sub Division, Chamba, dated 09.12.2016, whereby application filed by the present petitioner for correction of caste from ''Brahman'' to ''Gaddi Brahman'' stands rejected. Now, this rejection obviously is during the pendency of the present writ petition and in case the petitioner desires to assail the same, he is at liberty to do so.

Be that as it may, in our considered view, after perusing the pleadings carefully, the reliefs prayed for by the petitioner cannot be granted. We say so for the reason that we are not convinced by the contention of the petitioner that he belongs to ''Gaddi Brahman'' Scheduled Tribe. Respondents have duly substantiated that the caste of the forefathers of the petitioner is ''Brahman'' and their sub caste is ''Bhardwaj'' and they are not ''Gaddi Brahmans'', as is being claimed by the petitioner. Not only this, during the pendency of the petition, the application filed by the petitioner before the appropriate authority for correction of caste stands rejected. In this view of the matter, we dismiss this writ petition. However, liberty is reserved to the petitioner to assail the order dated 09.12.2016, which has been so passed by the Collector, Sub Division, Chamba, if he so desires, in accordance with law. We clarify that in the event of initiation of such action, the authorities shall take appropriate decision, uninfluenced of any observation made by us. Petition stands disposed of, so also miscellaneous applications, if any. No order as to costs.