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The State Of Madhya Pradesh vs Dule Singh on 28 September, 2022

3. Shri L.C.Patne has drawn the attention of this Court towards a judgment delivered in the case of State of M.P. & Others Vs. Dule Singh Solanki & Others reported in 2014(1) MPHT 331 (DB). In the aforesaid case, there was a similar controversy involved and the persons belonging to 'Mogia' caste were not being treated as Scheduled Tribe. The Division Bench of this Court in the aforesaid case in paragraphs No.3 to 9 has held as under:-
Madhya Pradesh High Court Cites 1 - Cited by 14 - S K Singh - Full Document

Anand vs Committee For S.&V. Of Tribe Claims &Ors on 8 November, 2011

9. This court has carefully gone through the Presidential Order as well as the letter issued by the Scheduled Tribe Research Development Institute, Bhopal and the aforesaid letter dated 26.11.2007 also makes it very clear that persons belong to Mogia are members of Scheduled Tribe as in Presidential Order Mogia is mentioned at Sr. No.16. Heavy reliance has been placed upon some research conducted by the Tribal Development Institute and this Court is of the considered opinion that the research conducted by the Tribal Development Institute will certainly not supersede the Presidential Order 1950. A detailed and exhaustive enquiry took place in the matter and the revenue authorities have arrived at a conclusion that the sole respondent is a member of Mogia Tribe. The affinity test conducted in the matter establishes that the sole respondent Dule Singh Solanki is a member of Mogia Tribe. A similar situation has been dealt with in the case of Anand Vs. Committee for Scrutiny and Verification of Tribes Claims and Ors., (2012) 1 SCC (L&S) 43 and the Apex Court in paragraphs 20 to 26 has held under under :-
Supreme Court of India Cites 7 - Cited by 341 - D K Jain - Full Document
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