Court No. - 38
Case :- WRIT - C No. - 11158 of 2018 Petitioner :- Roop Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Suresh Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ran Vijai Singh,J. Hon'ble Shashi Kant,J.
We have heard Sri Suresh Chandra Dwivedi, learned counsel for the petitioner and learned Standing Counsel.
Through this writ petition, following prayer has been made :
"(i) Issue a writ, order or direction in the nature of Mandamus commanding / directing the respondents to issue Caste Certificate (Baheliya as Schedule Caste) to the petitioner and his family members, namely Smt. Sheela Devi Wife of Roop Singh, Purushottam Kumar Son of Roop Singh, Nirottam Kumar Raval Son of Roop Singh, Avnish Kumar Son of Roop Singh, Smt. Vimlesh Kumari wife of Mukesh Kumar D/o Roop Singh, Devensh Kumar Son of Purushotteam, Ritesh Kumar Son of Purushottam and Smt. Seema wife of Prashant Kumar.
(ii) Issue a writ order or direction in the nature of Mandamus Commanding / Directing the respondents to act in accordance with law."
In substance, the petitioner appears to be aggrieved by non- issuance of Caste Certificate.
A preliminary objection has been raised by learned Standing Counsel with regard to maintainability of writ petition. His submission is that the writ petition is not maintainable as the petitioner has alternative efficacious remedy by approaching the authority concerned under the provisions of U.P. Janhit Guarantee Adhiniyam, 2011.
We have perused the U.P. Janhit Guarantee Adhiniyam, 2011 and sustain the objection of learned Standing Counsel.
The writ petition is disposed of with liberty to the petitioner to approach the competent authority for redressal of his grievance and in case such approach is made along with certified copy of this order, needful will be done in the matter in accordance with law, expeditiously.
Order Date :- 30.3.2018 KA