Allahabad High Court
Akhileshwar Verma vs State Of U.P. Thru. Prin. Secy. ... on 14 February, 2023
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- WRIT - C No. - 1166 of 2023
Petitioner :- Akhileshwar Verma
Respondent :- State Of U.P. Thru. Prin. Secy. State Backward Welfare Deptt. Civil Secrett. Lko. And 4 Others
Counsel for Petitioner :- Shyam Mohan Upadhyay
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
This writ petition has been filed with the following main prayers:-
i) Issue a writ, order or direction in the nature of mandamus there by commanding and directing to the opposite parties no. 3 i.e. District Backward Classes Welfare Officer, District Balrampur to pass an appropriate order on the application dated 30.06.2021" moved by the petitioner regarding cancellation of false caste certificate and taking punitive action against the opposite party no. 2, in the interest of justice, which has been annexed as Annexure no. 8 to this writ petition.
ii) Issue a writ or order in the nature of mandamus to the opposite party no. 2 to ceased financial & administrative power of the village Pardhan till disposal of the representation dated 30.06.2021 moved by the petitioner."
It is the case of the petitioner that the respondent no. 5. namely Shamim Ahmad on the basis of a forged Caste Certificate contested an election under O.B.C. category for Pradhan of Village Lal Nagar Sipahiya, Tahsil Block Tulsipur, District Balrampur in the year 2021. When the petitioner came to know the fact regarding fraud, he filed an online complaint on 22.05.2021 on Jan Sunwai Portal of the State Government of U.P. When nothing was done, he moved an application to the District Magistrate, Balrampur also. Thereafter, he filed a Writ Petition bearing No. 11472 (M/B) of 2021 " Akhileshwar Verma Vs. State of U.P. and others), which was dismissed by this Court on 07.06.2021 with a direction to the petitioner to approach the District Level Caste Scrutiny Committee. Thereafter, the petitioner approached the District Magistrate concerned, who orally directed him to file his application before District Backward Classes Welfare Officer, District Balrampur, who, had, thereafter, sent a letter to the Tehsildar Tulsipur to submit an enquiry report but no enquiry report has been filed in response of the letter dated 09.06.2021. However, no enquiry has been taken place and no action has been taken by the concerned authority.
It appears that the respondent no. 5 has also appeared before the District Backward Classes Welfare Officer, District Balrampur and filed his objection to the application of the petitioner dated 13.07.2021. When the enquiry has not been progressed, he approached this Court by filing present writ petition with the aforesaid prayers.
Learned Standing Counsel has pointed out from the order passed by this Court dated 07.06.2021 that the petitioner was directed by this court to approach the appropriate committee and as per the Government Order, the appropriate committee for redressal of the grievance of the petitioner is District Level Caste Scrutiny Committee but the petitioner has not approached the appropriate committee rather he approached the District Backward Classes Welfare Officer, District Balrampur.
As per the Government Order issued by the State Government in compliance of the judgment rendered by Hon'ble Supreme Court in the case of Madhuri Patil Vs. Additional Commissioner (1994) SCC 6 241, the competent authority is the District Level Caste Scrutiny Committee. The District Magistrate is also a member of such committee.
This petition is disposed of with a direction to the petitioner to file an application before the District Level Caste Scrutiny Committee through District Magistrate, Balrampur within a period of two weeks from today. If such application is moved, the District Magistrate, Balrampur shall ensure that it is considered by the District Level Caste Scrutiny Committee and appropriate order shall be passed while providing opportunity of hearing to the respondent no. 5 within a period of three months from the date of production of certified copy of this order.
Order Date :- 14.2.2023
Ashish
