Court No. - 38
Case :- WRIT - C No. - 24634 of 2018 Petitioner :- Satya Narain Pandey Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Sudhakar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard Sri Sudhakar Pandey, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner is seeking a direction to the District Level Caste Scrutiny Committee to consider the application of the petitioner for cancelling the caste certificate issued in the name of respondents no.7 and 8.
It is submitted that upon an FIR lodged by respondent no.7, a case crime number has been registered being Case Crime No.4 of 2015, under Sections 323, 504, 506, and 452 IPC and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes Act, Police Station Haldi, District Ballia against the petitioner and others.
The claim of the petitioner is that the provisions of SC&ST Act could not have been applied in the aforesaid case crime number as the respondents are not in the SC& ST Category and the caste certificate has to be cancelled.
Learned counsel for the petitioner has relied upon a judgment of this Court in Special Appeal No. 18 of 2003 (Akchchay Lal Vs. State of U.P. and others) decided on 10.10.2011 and in Public Interest Litigation No. 4731 of 2016 (Heera Lal Verma Vs. State of U.P. and others) decided on 3.2.2016 wherein it has been held that the persons belonging to Kahar and Bharbhuja communities are not synonymous to Gond and, therefore, there are no Gond caste in Ballia.
To save himself from the SC & ST allegation the petitioner appears to have filed an application before the District Level Caste Scrutiny Committee for cancellation of caste certificate issued in favour of respondents no.7 and 8.
Without going into the question as to whether respondents no.7 and 8 belong to Gond Caste or not and for the allegation against them, the petitioner has already approached the appropriate Forum where this issue can be looked into, it would be appropriate to direct respondent no.3 to consider the application of the petitioner and pass appropriate orders in accordance with law.
With the aforesaid direction/observation, the writ petition stands finally disposed of.
Order Date :- 31.7.2018 SKM
(Shashi Kant,J.) (Abhinava Upadhya,J.)