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Judgment
Heard Mr. Siddharth Dubey, learned counsel for the petitioners.
Also heard Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for respondents No. 1 to 3 and Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for respondents No. 4 to 8/State.
The present writ petition has been filed by the petitioners with the following prayers:
“10.1 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to produce all the records related with the case of the petitioners for just and proper decision of this case.
10.2 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing in appropriate and high level enquiry by the agency to register proper FIR and investigation against the concerned person who have issued caste certificate to the respondents No. 9 and 10.
10.3 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State to immediately seized all the records and documents and all the issues of caste certificate in favour of the respondents No. 9 and 10, all those documents be immediately filed an produced before the Hon’ble Court for its kind consideration.
10.4 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State to place the original records of the caste certificate issued in favour of the respondents No. 9 and 10.
10.5 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State to place all the related with the caste matters of the Neha Jogi for just and proper decision of the case.
10.6 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondent-State to submit and statement on oath about the issuance of caste certificate of the respondent No. 9 and 10 on different time and occasions as per their claim, with all the relevant facts, material, documents and evidences, if any, are duly submitted by the respondents No. 9 and 10.
10.7 Any other relief, which the Hon’ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted.”
In this writ petition, the petitioners are seeking a direction to the respondents-authorities to register First Information Report (FIR) and investigation against the concerned persons who have issued caste certificate to the respondents No. 9 and 10.
Learned Deputy Advocate General, on the other hand, has submitted that the grievance of the petitioners can be very well redressed before the Court below by filing an application under Section 156 (3) of the Cr.P.C. He further submits that the controversy involved in the present matter has already been decided by the High Court of Allahabad in Misc. Bench No. 24492 of 2020 : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No. 333 of 2020 (Akhilesh Agrawal v. State of Chhattisgarh & Others) decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order.
Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum.