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Judgment
B.S. Verma, J.
(Interim Relief Application No. 4941 of 2010)
Heard Mr. L.K. Verma, Advocate, for the petitioner and Mr. P.C. Bisht, learned Brief Holder for the State-respondents.
Learned Brief Holder appearing on behalf of the respondents has submitted that this writ petition may be disposed of today itself without inviting counter affidavit and he has no objection if the petitioner is given liberty to give evidence afresh in support of his caste before the Tehsildar concerned.
By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondent No. 3 to issue the Caste Certificate of O.B.C. category to the petitioner treating him the permanent and bona fide resident of the State of Uttarakhand by quashing the rejection order dated June 21, 2010 (Annexure-1) to the writ petition.
The grievance of the petitioner is that his application for issuance of caste certificate has been rejected by the respondent No. 3-Tehsildar Kichha for want of evidence by the impugned order (Annexure-1 to the petition).
According to the petitioner, the petitioner and his father are domicile of Uttarakhand since birth. The petitioner had appeared in the All India Entrance Examination and his counselling is going to start from 8th July, 2010 onwards.
In the facts and circumstances of the case, it is directed that the petitioner may produce the relevant evidence in support of his domicile and O.B.C. caste before the Tehsildar Kichha-respondent No. 3 within a period of three days. Thereafter, the Tehsildar concerned shall take a decision on the application of the petitioner for caste certificate afresh by speaking order within a period of ten days. Accordingly, the impugned order dated 21-6-2010 passed by respondent No. 3 is set aside.
With the above direction and observation, the writ petition is disposed of finally.
Certified copy of this order be issued to the learned Counsel for the petitioner today on payment of usual charges.