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2015 DIGILAW 3661 (ALL)

Geeta Devi v. State of U. P. Thru. Secretary, Deptt. of Revenue

2015-11-24

A.P.SAHI, ATTAU RAHMAN MASOODI

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JUDGMENT Heard learned counsel for the petitioners and the learned Standing Counsel for all the four respondents. 2. It is claimed that the petitioners are of Kasaudhan caste which is of the other backward category duly notified and about which there is no dispute. 3. Learned counsel submits that an enquiry was also made by the Tehsildar and a report was submitted on 28th October, 2015 copy whereof has been filed as Annexure 8 to the writ petition to urge that there is no dispute with regard to both the petitioners belonging to the same caste. 4. The petitioners intend to contest the forthcoming panchayat elections and for that they require the caste certificates. They also contend that even their parentage is of the same caste and as such in the absence of any doubt or dispute with regard to this factual position, the caste certificate could not have been denied on the ground that such a caste is not found in the area which is the reason given in the information uploaded on the internet services copy whereof and impugned herein are Annexures 1 & 2. 5. It is urged that both the refusal to give a caste certificate and the reasons are unwarranted in law. 6. Having considered the submissions raised and keeping in view the urgency of the matter, since the elections are to be very shortly held, it would be appropriate that the matter is examined by the Sub-Divisional Magistrate - Respondent No. 3, who is the appellate authority in terms of Section 3 of the Janhit Guarantee Act, 2011. 7. Consequently, we provide that the petitioners shall file a certified copy of this order before the Respondent No. 3 who shall proceed to pass an appropriate order in accordance with law keeping in view the facts stated hereinabove, preferably before the nominations are finalized on 27.11.2015. 8. We may point out that the Sub-Divisional Magistrate being the appellate authority has the powers also to reverse the said communication made to the petitioners. 9. The writ petition is disposed of with the said directions. 10. A copy of the order shall be supplied to the learned counsel for the petitioners today on payment of usual charges.