Smt Mobeen Jahan vs State Of U.P. And 3 Others
2023 Latest Caselaw 376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 3
 

 
Case :- WRIT - C No. - 30281 of 2022
 

 
Petitioner :- Smt Mobeen Jahan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Brijesh Kumar Pandey
 
Counsel for Respondent :- CSC,Ashutosh
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner and learned standing counsel.

On 09.11.2022, this Court had passed the following order:

"Argument of learned counsel for the petitioner is that as per the judgment of Apex Court in the case of Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribunal Development and others, reported in (1994) 6 SCC, 241 the Tehsildar has no authority to cancel the caste certificate.

If at all the Tehsildar desired cancellation of a caste certificate he ought to have refered the matter to the State Level Caste Scrutinizing Committee, which was not done in the present case.

Learned Standing Counsel may seek instructions in the matter.

List this case on 18.11.2022 as fresh.

Till then no coercive action shall be taken against the petitioner."

Today, learned standing counsel states on instructions of the District Magistrate, Rampur dated 17.11.2022 that the impugned order dated 07.09.2022 was wrongly passed by the Tehsildar cancelling the caste certificate of the petitioner, whereas, a District Level Scrutiny Committee for caste certificate has been constituted and report has been sought from the S.D.M. (Sadar), Rampur. He submits that the District Level Scrutiny Committee shall pass appropriate order in accordance with law within a time bound period.

In view of the submission made by learned standing counsel, as aforenoted, the impugned order dated 07.09.2022 cancelling the caste certificate of the petitioner is hereby quashed and matter is remitted back to the respondent no.2 to ensure that District Level Scrutiny Committee shall consider the matter and pass an order in accordance with law within a period of two months from today, after affording reasonable opportunity of hearing to the petitioner.

It is made clear that we have not expressed any opinion on merits of the case of the petitioner.

With the aforesaid direction, the present writ petition is disposed of.

This order shall be communicated by the learned standing counsel to the respondent no.2 within three days for compliance.

Order Date :- 4.1.2023

Ankit.