The court rejected the writ petition seeking a caste certificate, noting the petitioners failed to challenge their cancelled certificate or apply afresh.
Leave open for petitioners to challenge cancellation order or seek fresh caste certificates via appropriate remedies.
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Court No. - 29
Case :- WRIT - C No. - 15539 of 2018
Petitioner :- Saurabh Pal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Mishra,Ghan Shyam Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Mukhtar Ahmad,J.
The petitioners by means of this writ petition wants that they should be issued caste certificate in pursuance of their application filed in the year 2016. It appears from the petitioners application dated 5.7.2017 which has been annexed as annexure 5 to the writ petition that the petitioners were issued caste certificates in pursuance of the above application but subsequently caste certificates were cancelled for the reason that they do not reside at the address given in the application.
The petitioners have not challenged the cancellation order either in appeal or in any forum nor they have applied for issuance of any fresh caste certificate.
In view of the above, the prayer for issuance of any caste certificate at this juncture pursuant to the application alleged to have been filed in 2016 is misconceived.
In the facts and circumstances of the case the writ petition is disposed of keeping it open for the petitioners to take appropriate remedy as may be advised for issuance of fresh caste certificates or to challenge the cancellation order.
Order Date :- 12.7.2018 SKS
1 issue framed by the court
Whether the petitioner is entitled to an immediate caste certificate given their prior certificate was cancelled for non-residence without challenge.
Saurabh Pal And Another
State Of U.P.
Pankaj Mithal
Mukhtar Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
