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Judgment
Relief sought in the writ petition is as follows:
I. Issue a writ, order or direction in the nature of mandamus commanding the S.S.P. District Haridwar to forward the complaint of the petitioner
to the Caste Scrutiny Committee constituted at the State Level to inquire into the genuineness, legality and veracity of Caste Certificate bearing no.
3365 dated 01.07.2005 issued in favour of private respondent.
This is a writ petition, which is maintained in public interest litigation jurisdiction. The case of the petitioner, in brief, is as follows:
The private respondent obtained a Caste Certificate to the effect that he belongs to Scheduled Caste Category and is a permanent resident of
Uttarakhand. A complaint was entertained. The allegations therein were made to the effect that the private respondent does not belong to State of
Uttarakhand. On the said complaint, the Naib Tehsildar has reported that the private respondent has his Inlaws house in Village Susoda Khurd and
he occasionally visits his In-laws House and he is not a permanent resident of Village Susoda Khurd. Then, Lekhpal was proceeded, suspended
and visited with censure. It is further alleged that the private respondent made an application for obtaining a caste certificate on 28.10.2005.
However, one Lekhpal and Kanoongo made a report, on the basis of which, one Caste Certificate was prepared and was entered at Serial No.
630 in the Register and was signed. However, on there being a doubt, immediately the Authority concerned cancelled his signature, however,
some unknown person took away such Caste Certificate, over which the signatures were cut and such Caste Certificate was never duly issued
from the office. The petitioner claims himself to be a resident of the same Village and he made a complaint before the S.S.P. on affidavit on
07.11.2017.
We also heard Mr. Shobhit Saharia, learned counsel for the petitioner and Mr. Paresh Tripathi, learned Chief Standing Counsel for the State of
Uttarakhand / respondent nos. 1 to 5.
This is a petition, which is sought to be maintained in public interest litigation jurisdiction. After hearing the learned counsel, we are of the view
that we need not entertain this petition and the same is, accordingly, closed, but this will be without prejudice to the right of the petitioner to move
the Caste Scrutiny Committee.