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Judgment
M.S. Ramachandra Rao, CJ
This Writ petition has been filed by the petitioner challenging order dt. 24.04.2023 passed by the Sub Divisional Officer (Civil), Shillai, District Sirmour, H.P. (5th respondent), cancelling the OBC Certificate which had been issued to the petitioner on 25.08.2007 by the Tehsildar-cum-Executive Magistrate, Ronhat, Tehsil Shillai. The Certificate bears No. 1547 and is dt. 25.08.2007.
2) It is the contention of the petitioner that the said respondent had no jurisdiction to pass the order since according to para 28.20 of the Himachal Pradesh Land Records Manual, 1992, as introduced by a Notification issued on 20.12.2010, only the Authority issuing the OBC Caste Certificate can cancel it.
3) It is his contention that since the Certificate in question had been issued by the Tehsildar-cum-Executive Magistrate, Ronhat, only the said Tehsildar should have exercised the power of cancellation as per the provisions contained in para 28.20 of the Himachal Pradesh Land Records Manual and respondent No. 5 could not have exercised it. He has also pointed out that as per para 28.21 of the said Notification, respondent No. 5 is the Appellate Authority to consider the orders passed by the Tehsildar with regard to cancellation of Certificate under para 28.20, and being the appellate Authority, the respondent No.5 could not have passed the impugned order.
4) Learned Counsel for the caveator/respondent no. 6 and respondent no. 7 as well as Mr. Pranay Pratap Singh, learned Additional Advocate General sought to contend that the 5th respondent had to pass the impugned order in view of the order passed by this Court on 14.03.2023 in CWPOA no. 4764 of 2019.
5) In the said order passed by learned Single Judge of this Court , the learned Single Judge had directed respondent no. 5 to consider the matter afresh.
6) The attention of the learned Single Judge does not appear to have been drawn to para 28.20 introduced vide Notification dt. 20.12.2010 in the Himachal Pradesh Land Records Manual, 1992, designating the Issuing Authority as the Authority to cancel a certificate of caste issued to a person, and constituting the Sub Divisional Officer as the Appellate Authority under para 28.21.
7) Therefore, notwithstanding the said order dt. 14.03.2023 passed in CWPOA no. 4764 of 2019, the respondent No.5 cannot exercise the power to cancel the OBC Caste Certificate issued on 25.08.2007 to the petitioner, because he lacks inherent jurisdiction to do so in view of para 28.20 supra.
8) Since he had no inherent jurisdiction to take action for cancelling the OBC Certificate, even if the petitioner was to give consent, such consent would not confer any jurisdiction on him to pass such orders, as he did on 24.04.2023.
9) These principles are not disputed by the learned Counsel for the respondents.
10) Accordingly, this Writ petition is allowed; Order dt. 24.04.2023 passed by respondent no. 5 is set aside on the ground of inherent lack of jurisdiction; and the Tehsildar-cum-Executive Magistrate, Ronhat, Tehsil Shillai is directed to determine as to whether the Caste Certificate issued to the petitioner on 25.08.2007 by his predecessor, is liable to be cancelled or not, after issuing notice to both the petitioner and respondents no. 6 & 7 and after giving the parties opportunity to lead evidence in support of their respective contentions. He shall pass a reasoned order in accordance with law within three months and communicate the same to the petitioner as well as respondents no. 6 & 7.
11) Till such adjudication is done by the Tehsildar-cum-Executive Magistrate, Ronhat, the respondents shall permit the petitioner to work as JBT. His continuance in the said post shall be subject to the decision of the Tehsildar-cum-Executive Magistrate, Ronhat.
12) Accordingly, the Writ petition is allowed. No costs.
13) All pending application(s), if any, shall also stand disposed of.