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2025 DAILYLAW 9092 (UTT)

AMAN KUMAR KASHYAP v. STATE OF UTTARAKHAND

WPMS/2111/2025 · 2025-08-22

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7451 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2111/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Jitendra Chaudhary, Advocate for the petitioner. 2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel and Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/ respondent nos. 1, 2, 4, 5 & 6. 3. Mr. Sanjay Bhatt, Advocate for respondent no. 3 & 7. 4. Mr. Siddhartha Sah, Advocate for respondent no. 9. 5. By means of this writ petition, petitioner has sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of Certiorari, calling for the original record and pleased to quash the impugned letter no. 419/RA.L.-2025 dated 8th July 2025 (Annexure No.1) along with the caste certificate dated 19-06-2025 (Annexure No.2) issued by the respondent no. 6 i.e. The Tehsildar Vikas Nagar and further also be pleased to direct the respondent authorities to cancel the nomination form of the respondent no. 9 (Smt. Archana Rawat) against the OBC Kshetra Panchayat Seat-13 Atakfarm (1) in Block Sahaspur Tehsil Vakas Nagar District Dehradun and restrain her from contesting the three tier panchayat election 2025 being disqualified under law. (ii) Issue a writ Order or direction in the nature of Mandamus, directing and commanding the respondent state election commission and its officers to declare disqualify to the respondent no. 9 (Smt. Archana Rawat) as she belongs to a general hindu family and she is not eligible to participate in the panchayat three tier elections 2025 against the reserved kshettra panchayat membership seat as a OBC 2025:UHC:7451 candidate. (iii) Issue a writ, order or direction in the nature of Mandamus, directing and commanding the respondent no.8 i.e. Uttarakhand State other Backward Commission to the effect that it shall produce the report of the year 2003 on the basis of which for the first time in the year 2003 "Gorkha Community" get reservation enabling the Hon'ble High Court to form an opinion that Caste "BISHT" of the respondent no.9 is not a sub caste of Gorkha Community but it is a general category caste and falls under unreserved category. (iv) Issue a writ, order or direction in the nature of Mandmus, directing and commanding the State Government to take appropriate action in the form of departmental inquiry against the respondent No.6 & 7 not to perform its duties entrusted to them in accordance with law and became instrumental of misusing their public offices as per their own sweet will.” 6. According to learned counsel for the petitioner, respondent no. 9 do not belong to OBC category, however, she claimed benefit of OBC in the election for the Office of Member, Kshetra Panchayat. 7. The reliefs as prayed, cannot be granted in a writ petition. 8. The writ petition, however, is disposed of with liberty to the petitioner to approach the District Magistrate Concerned, by making a representation. If she makes representation within two weeks from today, the District Magistrate will look into the matter and take necessary steps as per law, after giving opportunity to respondent no. 9. (Manoj Kumar Tiwari, J.) 22.08.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da 82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643A F56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.26 17:29:04 +05'30'