In a writ petition seeking quashment of an order denying caste certificate, the High Court directed reconsideration by the Tehsildar without expressing an opinion on merits.
Directed petitioners to apply for reconsideration of the impugned order by the Tehsildar within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 14560 of 2019
Petitioner :- Vijendra Kashyap And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition has been filed, inter alia, for the following reliefs;
"i. Issue a writ, order or direction in the nature of CERTIORARI calling for the record and to quash the order dated 05.04.2019 passed by respondent no. 5 (Annexure no. 01).
ii. Issue a writ, order or direction in the nature of MANDAMUS declaring the government order dated 27.01.2017 (Annexure no. 7-A) as illegal.
iii. Issue a writ, order or direction in the nature of MANDAMUS directing the respondents to issue caste certificate to the petitioners of Majhawar (Mallah) caste in the category of Schedule Caste as per government order 21/22.12.2016."
Heard learned counsel for the parties and perused the record.
Learned Standing Counsel has admitted that the impugned order appears to have been issued under some misconception/misinterpretation of the order of this Court dated 29.3.2017 passed in Public Interest Litigation No. 2129 of 2017.
Considering the facts and circumstances of the case, without expressing any opinion on the
merits of the case, this writ petition is finally disposed of with a direction to the petitioners to file an application before the Respondent No. 5, Tehsildar, Patiyali, Kasganj for reconsidering the order dated 5.4.2019 passed by him within a period of one week from today along with a certified copy of this order and, if any such application is made, the concerned Tehsildar shall pass appropriate order in accordance with law without being influenced by its earlier Order dated 5.4.2019.
Order Date :- 3.5.2019
vinay
1 issue framed by the court
Whether the impugned order dated 05.04.2019 quashing caste certificate application requires reconsideration.
1 provisions across 1 enactments
Vijendra Kashyap
Another
State Of U.P.
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
