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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties through video conferencing.
By means of this writ petition, petitioner has sought following relief:
“(A) issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to issue a caste certificate to the petitioner
forthwith.â€
According to the petitioner, he belongs to ‘Sunar Community’, which is identified as Other Backward Class; but, O.B.C. Caste Certificate is
being denied to him.
A counter affidavit has been filed by Tehsildar, Kichha, District Udham Singh Nagar. In para no. 4 of the said counter affidavit, it has been stated
that Annexure No.-4 to the writ petition is an application made by the petitioner for issuance of Permanent Resident Certificate, and when application
is for Permanent Resident Certificate, then caste certificate cannot be issued to him pursuant to such application. In para no. 5 of the counter affidavit,
it has been further stated that for issuance of Permanent Resident Certificate, certain documents are required to be submitted, as stipulated in
Government Order dated 20.11.2001, however, petitioner has not furnished those documents, in support of his claim for Permanent Resident
Certificate.
From perusal of the record, it is apparent that there is no application filed by the petitioner for issuance of Caste Certificate and there is only one
application enclosed as Annexure-4, which is for issuance of Permanent/Original Resident Certificate.
In such view of the matter, the relief, as claimed in the writ petition, cannot be granted.
Accordingly, writ petition is dismissed.
However, it is made clear that if petitioner makes application for issuance of Permanent Resident Certificate and O.B.C. Certificate, then
Competent Authority shall examine petitioner’s claim and take appropriate decision thereupon, in accordance with law, as early as possible,
preferably within six months from the date of receipt of application along with certified copy of this order.