Sanjoo Gond Vs State of U.P. and 4 Others

Court No. - 21

Case :- WRIT - C No. - 15585 of 2022

Petitioner :- Sanjoo Gond Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prateek Mishra,Siddhartha Baghel Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.

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The instant writ petition has been filed praying for a mandamus commanding respondents-2 and 3 to issue caste certificate to the petitioner certifying him to be member of Scheduled Tribes as per Government Order dated 30.09.2003.

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The application of the petitioner has been rejected by the Tehsildar as is evident from a report of Lekhpal and then approved by the Competent Authority.

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The case of the petitioner is that the petitioner belongs to Gond tribe which is a Scheduled Tribe and not OBC as mentioned by the Lekhpal in his report and, therefore, the decision taken is erroneous.

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Learned Standing Counsel points out that for deciding such disputes, District Level Committee under the Chairmanship of District Magistrate is constituted by Government Order dated 28.02.2011 and that the matter may be referred to the said Committee.

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In our opinion, since a forum is already available and, therefore, the controversy should, in the first instance, be decided by the said forum.

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Accordingly, we dispose of the writ petition with liberty to the petitioner to approach the District Magistrate of concerned

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district with his representation alongwith supporting evidence and true attested copy of the instant order. In that event, the District Magistrate shall place the representation of the petitioner before District Level Committee for consideration and decision in accordance with law within a period of four weeks.

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Order Date :- 8.6.2022 Shahroz

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(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)

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Digitally signed by SHAHROJ ALAM Date: 2022.06.10 14:14:41 IST Reason: Location: High Court of Judicature at Allahabad

Sanjoo Gond v. State of U.P. and 4 Others

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Sanjoo Gond v. State of U.P. and 4 Others

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