Allahabad High Court
Aakash Kamal And Another vs State Of U.P. And 2 Others on 8 April, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 9395 of 2022
Petitioner :- Aakash Kamal And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sushil Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioners has filed this petition for following reliefs:-
(i) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities issue the Caste Certificate of Scheduled Caste of Dhangar caste to the petitioners according to the law, decide the claim of petitioners in the light of Judgment and order of Hon'ble Division Bench of this Hon'ble Court dated 14.3.2012 passed in writ petition no.40462/2009 (All India Dhangar Samaj Mahasangh U.P. and others Vs. State of U.P. and others), Constitution (Scheduled Castes) Order 1950 (amend time to time), Government Order dated 1950 (amend time to time), Government Order dated 24.01.2019 and order of the National Commission for Scheduled Caste dated 03.12.2012, 01.12.2012, 31.08.2016 and 12.07.2017 within the period to be specified by this Hon'ble Court.
(ii) issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper under the fact and circumstances of case.
(iii) award the costs the petition to the petitioner.
At the very outset, learned counsel for the petitioner has drawn the attention to the order dated 6.9.2018 passed in Writ-C No.29453 of 2018 which is quoted as under:-
"Heard learned counsel for the petitioners.
The petitioners have applied online for the issuance of the caste certificate to them vide applications dated 25.07.2018. On 26.07.2018 they have submitted written applications to the Tehsildar, Tehsil Jalaun for the issuance of the caste certificate in view of the judgement and order of the High Court dated 14.03.2012 passed in Writ Petition No.40462 of 2009, All India Dhangar Samaj Mahasangh U.P. and others Vs. State of U.P. and others.
The petitioner through this writ petition wants that a suitable direction be issued to the Tehsildar, Tehsil Jalaun, District Jalaun to consider their applications in the light of the above decision of the High Court.
The matter of grant of caste certificate has to be dealt with in accordance with the provisions of the government order dated 28.02.2011.
In view of the aforesaid, we dispose of the writ petition with the direction to the respondent No.4 to consider the application of the petitioner for grant of caste certificates in accordance with law in terms of the above government order keeping in mind the decision of the High Court referred to above or any other relevant decision in that regard most expeditiously if possible within a period of two months from the date of a copy of this order is produced.
The Writ Petition is disposed of."
It is submitted that the present writ petition is squarely covered the aforesaid order.
Learned Standing Counsel could not dispute the same.
Accordingly, the present writ petition has been disposed of in terms of the above quoted order. However, taking note of the government orders issued from time to time.
It is made clear that the claim of the petitioners has not been considered on merit.
Order Date :- 8.4.2022
piyush
