WPMS/457/2023
2023 Latest Caselaw 641 UK

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                                  WPMS No. 457 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Kundan Singh, Advocate holding brief of Mr. Prakash Chandra, learned counsel for the petitioner.

Mr. Pradeep Hairiya, learned Standing Counsel for the State of Uttarakhand.

Ms. Sudha Tamta, Advocate holding brief of Mr. Vinay Kumar, learned counsel for respondent no. 4.

According to petitioner, respondent no. 4 is a resident of Purkaji, District Muzaffarnagar, Uttar Pradesh, therefore, he is not entitled to benefit of reservation available to Scheduled Caste category person in the State of Uttarakhand.

Certain documents have been brought on record with the writ petition in support of the contention that respondent no. 4 is a permanent resident of Purkaji, District Muzaffarnagar (UP) and he is exercising his voting rights in Assembly Elections from Purkaji.

This Court cannot go into these questions. However, having regard to the seriousness of the matter, writ petition is disposed of with liberty to petitioner to approach District Magistrate, Haridwar by making representation, within two weeks. If District Magistrate is convinced that there is substance in the allegation of the petitioner, he shall refer the matter to the Scrutiny Committee constituted in terms of judgment rendered by Hon'ble Supreme Court in the case of Kumari Mahduri Patil & another vs. Additional Commissioner Tribal Development & others, reported in 1994 (6) SCC 241. The Caste Scrutiny Committee shall thereafter examine the issue and take decision after hearing all stakeholder, including respondent no. 4, within six weeks.

(Manoj Kumar Tiwari, J.) 15.03.2023 Aswal