The High Court quashed the Tahsildar's one-line order rejecting the petitioner's caste certificate application for being arbitrary and passing without substance, directing a fresh hearing.
Quashing of the impugned order and direction to pass a fresh order after affording an opportunity of hearing.
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Court No. - 3
Case :- WRIT - C No. - 8081 of 2021
Petitioner :- Gabbar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanedra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This writ petition has been filed by the petitioner with a prayer to stay the effect and operation of the impugned order dated 11.12.2020 passed by Tahsildar, Tahsil Lalitpur, District Lalitpur, and direct the respondents to issue a schedule caste certificate in favour of petitioner.
The impugned order dated 11.12.2020 has been passed by competent authority/ Tahsildar rejecting the caste certificate of the petitioner. Perusal of the order shows that it is one line order, it does not disclose the substance for rejecting of application.
Learned Standing Counsel submits that the competent authority shall consider the application of the petitioner afresh and pass an appropriate order in accordance with law.
In view of the facts as stated by learned Standing Counsel, the writ petition is disposed of by quashing the order dated 11.12.2020 and directing the authority concerned to pass a fresh order in accordance with law, expeditiously preferably within four weeks from the date of presentation of certified copy of this order, after affording reasonable opportunity of hearing to the petitioner.
Order Date :- 28.6.2021
RPD
1 issue framed by the court
Whether the one-line order rejecting the caste certificate application was passed without disclosing substance and affording reasonable opportunity of hearing?
Gabbar
State Of U.P.
2 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
