High CourtsSingle Bench(2010) 12 UK CK 0154

Preshika Chaurasiya and Priyanka Chaurasiya and Shivam Chaurasiya vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 6 December 2010

HON’BLE JUDGES
Brahma Singh Verma, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 2048 of 2010 (M/S)

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Judgment

5 paragraphs · 281 words

B.S. Verma, J.—Heard Mr. M.K. Ray, Advocate for the Petitioners and Mr. N.P. Shah, Standing Counsel appearing on behalf of the Respondents.

2.

By means of this petition the Petitioners have sought a writ in the nature of mandamus directing the Respondents to issue caste certificate to the Petitioners.

3.

According to the Petitioners, they are permanent resident of State of Uttarakhand since 7.2.1994. They belong to Other Backward Caste as they are Tamil. Father of the Petitioners is residing in State of Uttarakhand since 16.12.1997 and he was serving on the post of Clerk under the Kisan Sugar Company Ltd. Kichha. It is further alleged by the Petitioners that they have applied for issue of caste certificate before Respondent No. 4, but their applications are still pending. Therefore, the Respondent No. 4 is directed to issue caste certificates in their favor.

4.

It is pertinent to mention here that the Petitioners claim to be a Backward Caste but they have nowhere disclosed in the writ petition as to whether their parents originally belongs to undivided State of Uttar Pradesh or some other State. Therefore, the Petitioners shall also file an affidavit before the Tehsildar Kichha to this effect whether their parents originally belongs to undivided State of Uttar Pradesh or some other State. If the Petitioners file such an affidavit before Respondent No. 4, thereafter the Tehsildar Kichha (Respondent No. 4) shall take a decision on the applications of the Petitioners moved by them for issue of caste certificate, preferably, within four weeks from the date of production of certified copy of this order in accordance with law/G.O.

5.

With the above direction, the writ petition is finally disposed of.