...that “Niari” community are by caste “Kaibarta” or “Keuta” which are synonymous with “Dewar”. “Dewar” is included in the Constitution (Schedule Caste) Order, 1950. For such submission reliance is placed on Narayan Behera v. State of Orissa through...Dhibara communities have to be treated synonymous names of Dewar community which has already been specified in the Scheduled Caste list in relation to the State of Orissa. If Keuta or Kaibarta are...- transferors belong to ‘Dhoba’ caste which is one of the Scheduled Castes in the State of Orissa.”16. In Narayan Behera's case (supra) it has been authoritatively pronounced that in Orissa ‘Kaibartas’, ‘Keutas’, ‘Dhibaras’ are synonymous to ‘Dewar’ community which is included in the Scheduled Caste list...

...Narayan Behera v. State of Orissa in Bhaiya Ram Munda v. Anirudh Patar, (1970) 2 SCC 825 : AIR 1971 SC 2533); and ……”10. It may be seen, from the above quoted passage that the amendment was on the basis of directives of the High Court of Orissa and not because of inclusion of synonyms of ‘Dewar’ caste. In...)11. The directives in Narayan Behera's case was, therefore, to delete ‘Dewar’ and the equivalent term ‘Dhibara’, because there is no caste known as ‘Dewar’ in the State of Orissa and...’ as members belonging to Scheduled Caste. At the same time, the finding and observation of the High Court was accepted by the Parliament that there is no ‘Dewar’ or ‘Dhibara’ caste in Orissa, because, as against serial is No. 24 the entry ‘Dewar’ is...

...filed, Sri Misra for the petitioner submits that ‘Radius’ are a class of ‘Kaibarta’ or ‘Keuta’ which is synonymous with ‘Dewar’. ‘Dewar’ is included in the Constitution (Scheduled 1 Castes) Order, 1950. In Narayan Behera v. State of Orissa through Secretary, Tribal & Welfare Department (49 (1980) C.L.T 47), it has been decided that“We have just indicated that according to Clause 2 of the Scheduled Caste Order...‘Dewar’ community which is one of the communities of Scheduled Caste in Orissa by Presidential order.4. Learned counsel for the State raises the question of maintainability of the writ...issued by the Government of Orissa in the Harijan & Tribal Welfare Department it has been indicated that in view of the judgment of the High Court ‘Keuta’, ‘Kaibarta’ and ‘Dhibara’ community have to be treated as synonymous names of ‘Dewar’ community which has already been specified in the Scheduled Caste list...

...is void and the property is liable to be restored in their favour. The writ petitioner contested the case, but the Revenue Officer held that the caste, 'Keuta' is synonymous to the caste, 'Dewar' which is a scheduled caste as per the Presidential Order for the State of Orissa, and, therefore, the sale in favour...under section 23 of the orissa land reforms act for restoration of the case land, in their favour on the assertion that though their ancestor belonged to 'Keuta' caste, which is a scheduled caste as..., 'Keuta' must be held to be synonymous to 'Dewar' and as such a scheduled caste on the date the sale in favour of the petitioner was effected. Since on the date of the sale the vendor, ancestor of...

...belongs to ‘Dewar’ caste which has been declared to be a Scheduled Caste as per the judgment dated 19-9-1991 rendered by this Court in O.J.C No. 837 of 1990 (Krushna Chandra Barik v. State of Orissa) and...Dhoba is one of the castes recognised by the President as Scheduled Caste in rela-tion to the State of Orissa. Since the appellant therein claimed the status as a Rajaka in one of the sale deeds, it was...sought to deny him the benefits conferred on Scheduled Castes. This Court had held that since the President has notified Dhoba to be Scheduled Caste in relation to the State of Orissa, merely because...

...petitioner is a Scheduled Caste since Kaibarta is synonymous to Dewar which finds place at Serial No.24 of Annexure-1. As a matter of fact, in 1977, the Panchayat Raj Department, Government of Odisha had an... 8. In course of hearing, Mr. Patra, learned ASC for the State refers to Annexure-A/2 to contend that the Dewar caste was included at Entry 24 after amendment to the Presidential Order with a...caste certificate in 1997 as a Scheduled Caste since Kaibarta is held to be synonymous with Dewar. The report vide Annexure-6 after an enquiry suggested that the petitioner may be a Scheduled Caste...

...Orissa, the authorities went to consider whether the caste 'Keuta' can be considered to be synonymous to or a sub-caste of the caste 'Dewar' which was included in the Presidential Order as Scheduled...'Keuta' does not come within the caste 'Dewar' which was included in the Presidential Order. Accordingly, the Additional District Magistrate allowed Appeal No. 4 of 1990 & dismissed Appeal No. 6...as a Scheduled Caste for the State of Orissa. Relying on a decision of this Court in OJC No. 247 of 1978: 49(1980) CLT 47 :Narayan Behera v. State of...

...virtue of the 2002 Act inserting Entry 24 in the 1950 Order is that the said castes do not belong to the 'untouchable category' in Orissa, which according to the Petitioners is the basic requirement for a caste to be declared as an SC. It is stated that in exercising the powers conferred by Article 341 (1) of the Constitution of India, the 1950 order included 'Dewar' in...ignoring the recommendations made earlier by the Government of Orissa for deletion of Dewar from the list of SCs. 6. Notice was first issued in the present writ petition on...'Dewar', Dhewar were taking advantage of the name Dewar and were returning themselves as Scheduled Castes and may, in fact, were issued Scheduled Caste certificates. Since Kaibarta and Keuta considered...

...virtue of the 2002 Act inserting Entry 24 in the 1950 Order is that the said castes do not belong to the 'untouchable category' in Orissa, which according to the Petitioners is the basic requirement for a caste to be declared as an SC. It is stated that in exercising the powers conferred by Article 341 (1) of the Constitution of India, the 1950 order included 'Dewar' in...ignoring the recommendations made earlier by the Government of Orissa for deletion of Dewar from the list of SCs. 6. Notice was first issued in the present writ petition on...'Dewar', Dhewar were taking advantage of the name Dewar and were returning themselves as Scheduled Castes and may, in fact, were issued Scheduled Caste certificates. Since Kaibarta and Keuta considered...

...a Scheduled Caste. The Presidential Notification mentioned only ‘Dewar’. On reference to some other materials, it was found that ‘Dhibara’ community was traditionally engaged in fishing, boating, etc...and others on the ground that as they were members of the Scheduled Caste, namely. Rajaka, the sales in question were hit by the provisions contained in section 22 of the Act and have succeeded in...(Scheduled Caste) Order, 1950 (for short ‘Presidential Order’) as caste or tribe. This fact is not in dispute but the claim was made by opposite party No. 1 on the basis of entry No. 26, i.e, ‘Dhoba...

... synonymous to "Dewar" caste by any Caste certificate issuing authorities henceforth, as the said communities do not find place in the presidential order in respect of State of Orissa under...scheduled castes and scheduled tribes (Amendment) Act, 1976 in part XIII-Orissa in S1. No.56 of the list "MALA" has been included in the scheduled caste list so these two persons...issuance of caste certificate in favour of persons belonging to Radhi, Niari and Ghani community in the synonymous name of 'Dewar', Govt. in the SC & ST Development Department in its letter dt...

...No. 263 of 1974 decided on 21-1-1976 (supra). It was held that Kampa Soura is not a Scheduled Tribe within the State of Orissa.In the case of Narayan Behera v. State of Orissa reported in 49 Cut LT 47 : (1979 Lab IC 1438), the petitioner was duly selected for appointment as Homoeopathic Medical Officer on the basis of a certificate that he belonged to Scheduled Caste as he is a member of Dewar community...absolutely null and void in view of the provisions of Orissa Regulation No. 2 of 1956 (hereinafter referred to as the ‘Regulation’). The learned Subordinate Judge held that the suit land is situated in the...opp. parties Nos. 1 to 3 claimed to be “Jarasavar” and in the Presidential Order of 1950 (hereinafter referred to as the ‘Order’) so far as Orissa is concerned there is no classification as “Jarasavar...

...January 1996 in Miscellaneous Case No. 7/1996, mentioning that the first respondent belonged to a Scheduled Caste, “Dewar”.4. On 2 August 2011, the appellant requested...) of the Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980. Placing reliance on the decisions of this Court in Valsamma Paul v. Cochin University...Castes. In support of her plea of belonging to a Scheduled Caste, the first respondent submitted a caste certificate which was issued by the Tehsildar, Bhubaneswar. The caste certificate was issued on 5...

...my dewar and we are living in the house together. I can recognise those two persons.”8. Nine persons, thereafter, appear to have been produced before her...been considered by this Court in State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568 wherein it was held as under:“23. As...Order1. Leave granted.2. These appeals are directed against the judgment and order dated 14-12-2005 passed in Criminal...

.... In other words, if there is a specific averment in the complaint, namely, insult or intimidation with intent to humiliate by calling with caste name, the accused persons are not entitled to...M.A Rashid v. Gopal Chandra Cri. MC No. 3866 of 2008 (Crl. MC 3866/2008) decided on 23-3-2012 and decision of the Orissa High Court in Ramesh Prasad...Bhanja v. State of Orissa 1996 Cri LJ 2743 (Ori) submitted that in spite of the specific bar under Section 438 of the Code, the courts have...

...specified in relation to them in those Parts of that Schedule.”5. So far as the State of Orissa is concerned, entry no. 24 is Dewar. In the communication of the Ministry of Home Affairs dated...case may be.(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or...group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.”4. In exercise of the...

...arbitrary certificate that petitioner belongs to “Dewar” caste.6. In the case State of Maharashtra v. Millind (supra), a Constitution Bench of the Apex Court after making...“Niari” is a Sub-caste of “Dewar” or not is not a matter to be decided by any revenue authority or any Court.8. In the present case, petitioner admitted that he belongs to “Niari” caste...authority to enquire and interpret that “Niari” would come within “Dewar” caste and could be taken as a caste included in the list of the Presidential Order. That apart there are public documents like...

....(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or...discrimination on grounds of religion, race, caste, sex or place of birth. Article 15(4), however, enjoins that nothing in that article or in clause (2) of Article 29 of the Constitution shall...traditional practices of untouchability is normally considered as criterion for including a community in the list of Scheduled Castes and Scheduled Tribes. The social conditions of a caste, however, varies...

...Ahmadi, J.— Where a person belonging to a caste or tribe specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to...State A migrates to State B where a caste or tribe with the same nomenclature is specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to that...341 empowers Parliament to include or exclude by law from the list of Scheduled Castes or Scheduled Tribes specified in the notification issued under clause (1) any caste, race or tribe or part of...