ARVIND KUMAR GAUR v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/7283/2025 · 2025-03-10
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27803 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27803 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35594-DB Court No. - 40 Case :- WRIT - C No. - 7283 of 2025 Petitioner :- Arvind Kumar Gaur Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ravi Anand Agarwal,Shreya Gupta Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the State respondents.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is praying for the following substantial reliefs:
"i) issue a writ, order or direction in the nature of Certiorari quashing the
order dated 13.02.2025 passed by District Caste Scrutiny Committee, Ballia (Annexure No.1 to the writ petition) and restore the Caste Certificate of the petitioner dated 13.02.2013; ii) issue a writ, order or direction in the nature of Mandamus directing the respondents to forthwith issue a fresh caste certificate in favour of the petitioner, in the format prescribed in the Government order dated 07.01.2021"
3. Upon perusal of the documents, it is clear that the impugned
order was passed ex parte without granting any opportunity of hearing of the petitioner. It is noted that the impugned order was passed subsequent to a direction issued by a coordinate Bench of this Court vide its order dated November 22, 2022 in Writ-C No.27652 of 2022, wherein the petitioner had sought for the caste certificate to be provided for in English language. The coordinate Bench, accordingly, issued a direction to the petitioner to apply afresh and the respondent should decide the application/representation within a particular time frame.
4. In light of the above, we are of the view that the authority concerned should grant an opportunity of hearing to the petitioner, and thereafter, decide the claim of the petitioner.
5. Accordingly, the order dated February 13, 2025 is quashed and
set aside with a direction upon the authority concerned to grant an opportunity of hearing to the petitioner, allow him to produce further documents, if any, and thereafter, pass a reasoned order in accordance with law, within a period of twelve weeks from date.
6. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 11.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad