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2025 DAILYLAW 8638 (UTT)

RAJO KHATOON v. STATE OF UTTARAKHAND

WPMS/1973/2025 · 2025-07-04

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:5726 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 04th JULY, 2025 WRIT PETITON NO. 1973 OF 2025 (M/S) Rojo Khatoon ..... Petitioner Versus State of Uttarakhand and Others ..…Respondents Counsel for the Petitioner : Mr. Rajat Mittal, Advocate. Counsel for the Respondent : Mr. Bhupendra Singh Nos.1 to 4 Koranga, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:- “(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 & 4 to issue OBC Caste Certificate to the petitioner, treating the petitioner as member of Faqir Community, which falls under Other Backward Class as per the Government order dated 02.04.2013 within such time which this Hon'ble Court deem fit. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 & 4 to take decision on the application submitted by the petitioner, with a request to issue Caste Certificate of OBC to the petitioner in the light of Government order dated 02.04.2013. (iii) Issue any other writ, order or direction which this Hon'ble Court deem fit and proper under the facts and circumstances of the case in favour of the petitioner. 1 2025:UHC:5726 (iv) Award the cost of the present writ petition to the petitioner." 2. Heard Mr. Rajat Mittal, learned counsel for the petitioner and Mr. Bhupendra Singh Koranga, learned Brief Holder for the respondent nos.1 to 4. 3. The case of the petitioner is that she is the resident of Ward No.8 Village Dhakrani Dehat, Tehsil Vikasnagar, District Dehradun. She belongs to Islam and her caste is Faqir caste. She had applied for OBC certificate on 23.06.2025, but the caste certificate was not issued. The said Application dated 23.06.2025 is still pending before the Sub-Divisional Magistrate, Vikasnagar, District Dehradun, the respondent no.4. 4. Mr. Rajat Mittal, Advocate has requested to decide the present writ petition directing the respondent no.4 to decide the said Application dated 23.06.2025 (Annexure no.4 to the writ petition) prior to the last date of filling up of the nomination form. 5. The said request has not been opposed by Mr. Bhupendra Singh Koranga, Advocate, appearing for the respondent nos.1 to 4. 6. The present Writ Petition is disposed of directing the respondent no.4 to decide the said Application dated 23.06.2025 (Annexure no.4 to the 2 2025:UHC:5726 writ petition) prior to the last date of filling up of the nomination form, but in accordance with law. The respondent no.4 is further directed to communicate the petitioner regarding the decision taken on the Application (Annexure No.4 to the writ petition). 7. It is made clear that this Court has not expressed any opinion on the merits of the case. ___________________ ALOK KUMAR VERMA, J. Dt: 04.07.2025 JKJ/Pant 3