JUDGMENT Radha Mohan Prasad, J - in the present writ petition the petitioner which claim to be an association of such persons, who are Indian citizens and stands for the well being of the people and national unity serving voluntarily the Scheduled Castes, Scheduled Tribes, members of weaker sections, women, children, minorities, poor and downtrodeen people, prays for quashing of the order dated 3.9.1985 of the District Welfare Officer, Katihar, as contained in annexure 4' whereby the Secretary of the Sangh has been directed to return his caste certificate issued by the Block Development Officer, Manihari in the district of Katihar and further requiring him to explain as to under what circumstances such certificate has been claimed by him. Further, it has been prayed that the respondents be commanded to issue caste certificates to the persons or their widows belonging to Kisan Jati as per Scheduled Caste and Scheduled Tribe List (Modification) Order, 1956, who are also called Chassaut or Krishi Vaishya in the district of Katihar, Saharsa, Sahibganj, Deoghar, Oumka, Giridih, West Champaran, East Champaran etc. including Murshidahad, Purulia, Maldah, Banhura district of West Bangal as also for commanding them not to discontinue the privilege given to the members of the Scheduled Tribes. 2. In short, the case of the petitioner is that in the district of Katihar and Purnea, the members of the Kisan Jati or in local language Chasaut or Krishi Vaishya are Adivasi since very beginning and they are getting the privilege of the same without any obstruction from any corner. According to the petitioner after separation of Katihar from Purnea district some vested interest in collusion with the officers took action against the said Jati and the General Secretary of the Sangh became a target. It is further claimed that their manner of living, physical construction, culture and rituals are almost all similar to the other Adivasi races. The General Secretary of the petitioner submitted explantions to respondent no. 7 that he and his caste is also known as Krishi Vaishya or Chassaut belonging to Adivasi Kisan Jat. 3. No counter affidavit has been filed on behalf of the respondents. It has been contended by Mr. The General Secretary of the petitioner submitted explantions to respondent no. 7 that he and his caste is also known as Krishi Vaishya or Chassaut belonging to Adivasi Kisan Jat. 3. No counter affidavit has been filed on behalf of the respondents. It has been contended by Mr. A. B. Mathur, Learned Counsel for the petitioner that' in this regard an enquiry was made by the District Welfare Officer, Katihar, who submitted his report on 11th January, 1983 to the S.D.O. Katihar requesting him for issuance of necessary Government orders giving. benefits to the people of this caste by treating them as Kisan Jati, which finds place at 1.17 of the Schedule of the Tribals, declared by the President of India in exercise of the power conferred on him under section 31 of the State Reorganisation Act, 1956 read with section 14 of the Bihar and West Bengal (State, Area' Amalgamation Modification) Act, 1956. A true copy of the said report of the District Welfare Officer has been annexed as annexure 15. It is submitted that thereafter the said District Welfare Officer again sent a report on 4.3.85 for the same purpose and the S.D.O, Katihar forwarded the same to the District Magistrate cum-Deputy Development Commissioner, Katihar for sympathetic consideration. The District Magistrate, vide letter dated 22nd March 1983 contained in Annexure 18, requested the State Government in the Welfare Department to get the matter verified on the basis of the aforementioned reports and take final decision in this regard. The Welfare Department, vide letter contained in annexure 19 sought for guidance from the Personnel and Administrative Reforms Department of the State Government vide Annexure 20 simply re-iterated that 'Kisan' are included at sl.17 of the Schedule meant for Tribals and thus, requested the Welfare Department to communicate to the District Magistrate, Katihar for issuing caste certificates to them in that regard. 4. As already stated, neither any counter affidavit has been filed, nor any body has appeared on behalf of the respondents to oppose this application. However, it is true that from perusal of the report of the District Welfare Officer contained in annexure 15 and 16, it appears that the class of people, who are called chasaut and/or Krishi Vaishya in Katihar area are very much identical to 'Kisan', which is included in item no. However, it is true that from perusal of the report of the District Welfare Officer contained in annexure 15 and 16, it appears that the class of people, who are called chasaut and/or Krishi Vaishya in Katihar area are very much identical to 'Kisan', which is included in item no. 17 of Annexure 3, a photostat copy whereof has been annexed as Annexure 1' to the writ application. 5. Further, the learned Counsel for the petitioner has brought to my notice the photostat copy of the khatian which has been annexed as annexure 3 to the writ application wherein, the father of the; petitioner Shambhu Mandai has been show by cast 'Kisan' of village Chouki Paharpur. Thus, according to the learned Council this also supports the claim of the petitioner that they are also included in aforesaid item no. 17 of annexure 3. But in my opinion, it is difficult for this Court under Article 226 to give any verdict and declare them to have been included in the schedule of the Tribals. From annexure 1' at page 30 of the brief, which contains the list of Tribals, issued under the Scheduled Caste and Scheduled Tribes List (Modification) Order. 1956 there is no doubt that 'Kisan' has been included at s1.17, but I find it difficult to hold that even the Chassaut and Krishi Vaishya of Katihar District also have been declared to be Scheduled Tribes, as it required thorough examination by the concerned department and whereafter a declaration to that effect has to be made by the competent authority under the aforementioned Order, 1956. 6. Accordingly, I dispose of this writ application with a direction to the respondent no. 5 in view of various reports and recommendations contained in annexures 15 to 20 to examine the claim of the petitioner on the basis of the reports by further inviting reports from the concerned officer and do the needful to give them the privilege of the Tribals if finally he arrives at a finding that they in fact, are Tribals. Further, if he finds that they are entitled for the benefit/privilege, which are admissible to the Tribals, then he is directed to make recommendation to the competent authority for inclusion of the said class of people also in the schedule containing the names of different tribals. Further, if he finds that they are entitled for the benefit/privilege, which are admissible to the Tribals, then he is directed to make recommendation to the competent authority for inclusion of the said class of people also in the schedule containing the names of different tribals. This must be done within a period of two months from the date of receipt/production of copy of this order by respondent no. 2. 7. It is made clear that this judgment shall not prejudice the authority from considering the claim of the petitioner. It will be open to the members of the petitioner Association to approach respondent no. 3 for any interim relief if on any occasion they feel aggrieved by any action of the respondent authority.