High-Level Caste Scrutiny Committee findings on tribal status must be considered in Section 170-B revenue proceedings.

Respondent No. 5 filed an application under Section 170-B of the Chhattisgarh Land Revenue Code, 1959, before the Sub-Divisional Officer (SDO) (Revenue), Udaipur, alleging that the Petitioner fraudulently recorded tribal land in his name despite not belonging to a Scheduled Tribe

The SDO dismissed this application on 08.07.2020

On appeal, the Collector, Surguja, remitted the matter to the SDO for review, noting that the District Level Caste Scrutiny Committee had previously held that the Petitioner’s nephew, Bindeshwar, did not belong to the ‘Gond’ tribe

The Commissioner subsequently upheld the Collector’s order

The Petitioner challenged these orders, contending that a later order dated 21.02.2025 by the High-Level Caste Scrutiny Committee affirmed that Bindeshwar does indeed belong to the ‘Gond’ community, even though his specific certificate was cancelled for being obtained through maternal lineage

1. Whether the impugned orders of the Collector and Commissioner are sustainable in light of the High-Level Caste Scrutiny Committee’s subsequent finding regarding the Petitioner’s nephew’s tribal status

2. Whether the Petitioner has established a sufficient nexus or blood relation with the individual whose tribal status was affirmed by the High-Level Committee to claim similar status

Section 170-B of the Chhattisgarh Land Revenue Code, 1959, which provides for the reversion of land belonging to members of aboriginal tribes which was transferred via fraud or unauthorized means

The specialized jurisdiction of District Level and High-Level Caste Scrutiny Committees in determining the validity of caste certificates and tribal identity as per established administrative law

The Court observed that the Collector and Commissioner’s decisions were primarily founded on an earlier 2021 District Level Committee order that invalidated the tribal status of the Petitioner’s nephew, Bindeshwar

the Petitioner produced a subsequent 2025 order from the High-Level Caste Scrutiny Committee which, while cancelling Bindeshwar's certificate on technical grounds (maternal lineage), explicitly accepted his identity as a member of the ‘Gond’ tribal community

The Court noted the State's objection that the Petitioner had not yet placed on record evidence of a direct blood relation or common ancestor with Bindeshwar

the Petitioner must be granted the opportunity to prove this genealogical link before the revenue authorities to establish his own tribal status

It directed the SDO (Revenue), Udaipur, to pass an appropriate order taking into account the High-Level Caste Scrutiny Committee’s order dated 21.02.2025

The Court granted the Petitioner liberty to substantiate his claim of belonging to the ‘Gond’ community by proving a direct blood relationship with Bindeshwar before the SDO or the appropriate authority