1. Present petition has been filed by the petitioner under Article 226 of the Constitution of India for following reliefs:-
i. To call for the records pursuant to the instant subject matter for kind perusal of this Hon'ble Court;
ii. To issue a writ in the nature of certiorari quashing the impugned show cause notice dated 27.03.2014 (Annexure P-12)
iii. To issue a writ in the nature of mandamus directing the respondents not to proceed urther pursuant to the show cause notice dated 27.03.2014;
iv. To declare that the petitioner is a Schedule Tribe as in accordance with the judgment passed by this Hon'ble Court dated 26.06.2012 in W.P No.14147/2011 and order dated 21.07.2014 in W.A No.1248/2012.
v. Any other relief which this Hon'ble Court may deem just and proper in the facts an circumstances of the case may kindly be issue in favour of the petitioner along with cost of the petition.
2. It is submitted by the learned Sr. counsel for the petitioner that by impugned notice dated 27.3.2015 (Annexure P/12), the petitioner was show caused to submit evidence and documents in support of her caste "Chhatri" within fifteen days. It is submitted that the said notice was issued on the premise that the certificate issued in favout of the sister of the petitioner namely Smt. Yogita Somawar (Thawait) has been cancelled vide order dated 22.06.2011 by the High Level Caste Scrutiny Committee. It is submitted that the said order dated 22.06.2011 was subject to challenge in WP No.14147/2011 and vide order dated 26.06.2012 (Annexure P/14), this Court has quashed the said order. On appeal being filed against the said order, WA No.1248/2012 was also dismissed vide order dated 21.07.2014 (Annxure P/15). The sole basis of issuance of notice has got no foundation, therefore, prays for quashment of the notice.
3. Per contra, learned counsel for the State submitted that the petitioner did not appear in pursuance of the notice dated 27.03.2014 and therefore, the high level caste scrutiny committee has deferred the matter and transferred the case to the State of Chhattisgarh. Therefore, the High Level Committee of Madhya Pradesh has not taken further action on the the notice issued by the Commissioner, Tribal Welfare, Bhopal, MP.
4. Heard learned counsel for the parties and perused the record of the case.
5. It is evident from the order dated 26.06.2012 passed in WP No.14147/2011 (Annexure P/14) that the order of the High Power Caste Scrutiny Committee dated 22.06.2011 passed in the case of the sister of the petitioner, which was made basis to issue impugned notice Annexure P/12 has been quashed. On appeal being filed, the order was also affirmed by the Division Bench. It is further submitted that the said order was also affirmed by Hon'ble The Apex Court in SLP.CC No.18090/2015. The order passed by the Apex Court has been passed on Board, which is kept in the file. The respondent has not submitted anything about the contention raised by the petitioner in the memo of petition with regard to order passed by this Court quashing the order of the high level committee passed in the case of the sister of the petitioner. Therefore, admitting it to be true. In the considered opinion of this Court, the notice issued against the petitioner on the basis of the order passed in the case of sister of the petitioner is not having any foundation, therefore, the notice is hereby quashed.
6. It is submitted that by way of interim order dated 10.01.2020, this Court has stayed the proceedings initiated by the State of Chhattisgarh after the transfer of the case to the High Power Caste Scrutiny Committee, Chhattisgarh. Therefore, the petitioner is at liberty to submit the representation before the High Power Level Committee, Chhattisgarh along with the certified copy of the order, in case, occasion so arises to apprise the High Power Committee of the Chhattisgarh that the notice on the basis of which the case has been initiated has already been quashed.
7. With the aforesaid, this petition stands disposed off.




