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2025 DAILYLAW 192826 (ALL)

GUDDU GOND @ GUDDU v. STATE OF U.P. AND 7 OTHERS

WRIC/30696/2025 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30696 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for respondents. 2. The petitioner, by means of the present writ petition, has assailed the order dated 04.12.2024 passed by the District Level Caste Scrutiny Committee, District Mau, on the ground that the impugned order has been passed without adhering to the mandate laid down by the Hon'ble Apex Court in the case of Kumari Madhuri Patil v. Addl. Commissioner, [1994 SCC (6) 241]. 3. Learned counsel for the petitioner submits that the impugned order is unsustainable in law in view of the procedural safeguards laid down in the aforesaid judgment. It is further submitted that although there exists a statutory remedy of appeal before the Additional District Level Caste Scrutiny Committee under the relevant Government Order, the petitioner has directly approached this Court because of violation of principles of natural justice.. 4. Sri Krishna Datt Mishra, learned Additional Chief Standing Counsel contended that the issue as to whether any inquiry was conducted prior to the issuance or cancellation of the caste certificate is a disputed question of fact, which can appropriately be adjudicated by the appellate authority. He, therefore, prays for dismissal of the writ petition on the ground of availability of alternative statutory remedy. 5. Since the question as to whether vigilance enquiry was conducted before Versus Counsel for Petitioner(s) : Rajesh Kumar Vishwakarma Counsel for Respondent(s) : C.S.C. Guddu Gond @ Guddu .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) passing the impugned order by the District Level Caste Scrutiny Committee, District Mau is a question of fact which can very well be looked into by the Appellate Authority, therefore, we dismiss the writ petition on the ground of alternative remedy. . 6. It is provided that in case the petitioner prefers an appeal within a period of one month from today before Divisional District Level Caste Scrutiny Committee, the same shall be decided expeditiously, strictly in accordance with law, and in light of the principles laid down by Hon'ble Apex Court in the case of Kumari Madhuri Patil (supra) within a period of two months from the date of filing of such appeal. October 9, 2025 Virendra WRIC No. 30696 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad