Court No. - 32
Case :- WRIT - C No. - 24061 of 2019 Petitioner :- Mayank (Minor) And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shivendra Kumar,Sharad Sharma Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following reliefs;
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to decide the representation of the petitioner dated 04.06.2019 pending before the respondent no. 4.
II. Issue a writ, order or direction in the nature of mandamus directing in the nature of mandamus directing the respondent no. 4 to issue the caste certificate to the petitioners immediately."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioner has applied for issuance of a caste certificate but his application for issuance of caste certificate has been rejected by Tehsildar, Respondent No. 4 by its order dated 21.5.2018. Being aggrieved and dissatisfied with the said order, the petitioner filed an appeal before the Sub-Divisional Magistrate, Respondent No. 3. The Sub- Divisional Magistrate, Respondent No. 3, after considering all the documents and the Inquiry Report of the area Lekhpal partly allowed the appeal of the petitioner by its order dated 22.12.2018 and set aside the order dated 21.5.2018 passed by the Respondent No. 4, Tehsildar with a direction to the Tehsildar to rehear and decide the application of the petitioners after giving opportunity of hearing and considering all the evidence so adduced by the petitioners.
Learned counsel for the petitioner submitted that despite the order having been passed on 22.12.2018 by the Sub-Divisional Magistrate, Respondent No. 3, till date no order has been passed by the Respondent No. 4, Tehsildar on the application of the petitioners seeking issuance of caste certificate. He further submitted that the caste certificate is urgently required by the petitioners for pursuing their further education.
Considering the facts and circumstances of the case, the petitioners are directed to file an appropriate application before the Respondent No. 4, Tehsildar within 15 days from today for deciding the matter afresh in the light of the order dated 22.12.2018 passed the Respondent No. 3, Sub-Divisional Magistrate in the appeal filed under The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 and, if any such application is made, the said authority shall make all endeavour to consider and decide the same in accordance with law expeditiously preferably within 30 days from the date of receipt of the said application along with a certified copy of this order.
With this observation, this writ petition stands finally disposed of.
Order Date :- 25.7.2019 vinay