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Neutral Citation No. - 2025:AHC:67556-DB Court No. - 40 Case :- WRIT - C No. - 12359 of 2025 Petitioner :- Harendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Mr. Rajesh Kumar Tiwari, learned counsel appearing on behalf of the petitioner and learned Standing Counsel appearing on behalf of the respondents.
2. Counsel appearing on behalf of the petitioner has submitted that petitioner's application for issuing caste certificate has been rejected vide order dated March 6, 2025 passed by respondent No.3, Tehsildar, Koli, District Aligarh contained in Annexure No.1 to the writ petition.
3. The sole argument of the learned counsel for the petitioner is that the order has been passed by the respondent No.3 without assigning any reason. He further submits that the respondent No.3 while rejecting the application has only used three words "caste is wrongly mentioned in the application". The petitioner says that in the light of the judgment passed by the Supreme Court in the case of Mohinder Singh Gill and another Vs. The Chief Election Commissioner, New Delhi and others reported in 1978 AIR 851, the respondent No.3 is duty bound to give reasons in the order so that the petitioner may take further recourse of the legal remedies available to him in accordance with law.
4. In view of the above, the impugned order dated March 6, 2025 contained in Annexure No.1, is hereby quashed and set aside. The matter is remanded back to the respondent No.3, Tehsildar for passing a reasoned and speaking order on the application for issuing caste certificate to the petitioner, within a period of one month from the date of receipt of a certified copy of this order. It is made clear that we have not expressed any opinion on the merits of the claim of the petitioner.
5. The writ petition is, accordingly, allowed. Order Date :- 30.4.2025 Rakesh (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad