Sukhendra Chand Vs State Social Justice Dep Ors.

This writ petition has been filed alleging that brother has obtained fake certificate of the petitioner showing him to be scheduled caste. The petitioner approached to the authorities concerned but no action has been taken in absence of record regarding issuance of caste certificate.

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The petitioner has not impleaded brother as party respondent against whom allegations have been made thus writ petition suffers from non-joinder of the necessary party. It could not be clarified as to how caste certificate, if any, issued in favour of the petitioner can be misused by the brother as whose name is

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(2 of 2)

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[CW-15829/2013]

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different than petitioner. A reference of civil suit has been given where petitioner has been shown scheduled caste. If that is so, the petitioner can very well contest the suit but direction sought in the writ petition cannot be issued when according to the petitioner himself, no record for issuance of caste certificate exists with the respondents.

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Accordingly, while dismissing the writ petition, the petitioner is given liberty to take any other appropriate remedy, if any forgery is established.

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(MN BHANDARI) J.

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FRBOHRA

Sukhendra Chand v. State Social Justice Dep Ors.

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Sukhendra Chand v. State Social Justice Dep Ors.

Case brief

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