The Court dismissed a writ petition challenging an appellate authority's order remanding a caste certificate cancellation matter. The appellate authority set aside a District Scrutiny Committee cancellation order due to inadequate consideration of evidence and remanded it for fresh review. The petitioner's challenge failed.
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Reserved
Court No. - 28
Case :- WRIT - C No. - 27143 of 2018 Petitioner :- Indra Jeet And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shashwat Kishore Chaturvedi Counsel for Respondent :- C.S.C.,Adya Prasad Tewari,Sheo Shankar Tripathi
Hon'ble Ajay Bhanot,J.
Heard Sri Shashwat Kishore Chaturvedi learned counsel for the petitioners and Sri R.S. Tripathi, Advocate holding brief of Sri A.P. Tewari, learned counsel for the respondents.
Petitioner has challenged the order dated 09.07.2018 passed by the appellate authority constituted for considering grievances in regard to issuance of caste certificates. The petitioners had complained against the caste certificate issued in favour of respondent no. 4. The respondent no. 4 was issued a caste certificate which records that he belongs to Scheduled Caste category of citizens. The caste certificate issued to the petitioner was cancelled on 04.06.2018. The caste certificate was cancelled by the District Scrutiny Committee, Gorakhpur. The respondent no. 4 took the order of cancellation of his caste certificate in appeal before the appellate authority. The appellate authority has set aside the order dated 04.06.2008 passed by the District Scrutiny Committee, Gorakhpur. The matter has been remanded back by the appellate authority for a fresh consideration.
The appellate authority has remanded the order on the foot that there was an inadequate and inappropriate consideration of material facts and evidences in the record, by the District Scrutiny Committee. Some of the relevant materials which were overlooked by the District Scrutiny Committee and no finding was returned thereon included the affidavits given by various villagers. This was good enough reason for the appellate authority to remand the matter to first trier of the facts.
Sri R.S. Tripathi, learned counsel for the respondents points out that the proceedings for cancellation of the caste certificate was fated and malicious.
There is no infirmity in the order passed by the appellate authority.
The writ petition is dismissed.
Order Date :- 14.8.2018 Pravin
1 issue framed by the court
Whether the writ petition challenging the appellate authority's order remanding the caste certificate cancellation matter for fresh consideration should be allowed.
Indra Jeet And Another
State Of U P
4 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
