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2025 DAILYLAW 194632 (ALL)

DEVI SINGH DHANGAR v. STATE OF UP AND 2 OTHERS

WRIC/30965/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30965 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 17.7.2025 passed by the District Level Caste Scrutiny Committee, District Mathura, 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 and Another vs. Additional Commissioner, Tribal Development and Others, AIR 1995 SC 94. 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. 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) : Umesh Tripathi Counsel for Respondent(s) : C.S.C. Devi Singh Dhangar .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) passing the impugned order by the District Level Caste Scrutiny Committee, District Mathura 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 one months from the date of filing of such appeal. October 13, 2025 Gaurav WRIC No. 30965 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad