Court No. - 37
Case :- WRIT - C No. - 15848 of 2021 Petitioner :- Pappu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Ram Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner. Sri Dinesh Kumar Singh, learned Advocate conveys that he is appearing for original-complainant.
By means of this writ petition, the petitioner is challenging the impugned order of cancellation of caste certificate dated 19.4.2021 passed by Tehshildar.
Petitioner, Pappu, claims to belong a community for which he was issued a caste certificate along with income certificate. On the basis of the said certificate issued by Tehshildar, the petitioner applied for domicile certificate. It was at that point of time when it came to the knowledge that the petitioner who shows his address belongs to District Chandauli and he was issued domicile certificate. It appears that the petitioner contested election for the post of Gram Pradhan and was elected as Gram Pradhan. On 19.4.2021, the Tehshildar concerned cancelled the caste and income certificates of the petitioner stating caste certificate is issued from E-District Portal and both these certificates of the petitioner were mistakenly issued by the Lekhpal.
It is submitted by learned counsel for the petitioner that the Tehshildar does not have the power/jurisdiction to cancel the caste certificate even if it is procured by mistake from the portal. Learned counsel for the petitioner has relied on the decisions in Kumari Madhuri Patil and Another Vs. Addl. Commissioner, Tribal Development and others, (1994) 6 SCC 241 and Rampal Vs. State of Haryana and others, 2009 (5) Supreme 761, but we are not impressed upon by the decisions cited by learned counsel for the petitioner as they do not apply to the facts of this case.
The impugned order is communicated to the petitioner on 7.4.2021. The petition has been filed after a period of three months. We are not aware what has transpired within these three months. The practical solution in this matter would be that a higher authority than the Tehshildar to take fresh decision in the matter and the complainant may also be heard by the state authority who would be higher authority than Tehshildar namely Sub Divisional Magistrate who is authorised to decide the complaint on caste certificate and its cancellation. It is submitted that the petitioner has been elected as Gram Pradhan but as dispute about his caste is raised, he shall not be indulged in any financial dealing till the decision is taken by the authority concerned.
This practical solution is made out as the petitioner was not heard when the impugned order was passed. Though this petition is belated, we are showing this indulgence as semblance of natural justice is lacking and in the record it is not even mentioned that on a complaint of some third person, the certificate of the petitioner has been withdrawn.
In view of the above, this petition is disposed of at this stage. The authority concerned shall decide the issue within eight weeks from today. The impugned order dated 19.4.2021 shall remain suspended for the time being.
Order Date :- 27.7.2021 DKS