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2025 DAILYLAW 97335 (ALL)

BHAGAT SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/32572/2025 · 2025-10-07

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32572 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 the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 18.08.2025 passed by the respondent No.3-Tehsildar, Tehsil Maha Van, District Mathura by which he has cancelled the caste certificate issued to the petitioner on the ground that it was issued inadvertently. 3. It is contended by learned counsel for the petitioner that once the caste certificate has been issued, the Tehsildar has no jurisdiction to cancel the caste certificate and it is only the District Level Commitee who can cancel the caste certificate. Accordingly, the impugned order is without jurisdiction. 4. Per contra, learned counsel for the respondents would contend that there is alternative remedy of appeal before the District Level Committee and therefore, the writ petition may be dismissed by this Court. 5. Be that as it may, the law is settled that after issuance of the caste certificate, the Tehsildar does not have jurisdiction to cancel the same and it is only the District Level Committee who has authority to cancel the caste certificate. The order passed by the Tehsildar dated 18.08.2025 is cryptic and it does not state as to what discrepancy he found in issuance of caste certificate. 6. Since the impugned order is without jurisdiction, therefore, the impugned Versus Counsel for Petitioner(s) : Rajesh Kumar Pandey Counsel for Respondent(s) : C.S.C. Bhagat Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) order dated 18.08.2025 passed by the respondent No.3-Tehsildar, Tehsil Maha Van, District Mathura is set aside. 7. For the reasons given above, the writ petition is allowed with no order as to costs. 8. It is made clear that if there is any concealment of fact by the petitioner in obtaining the present order, the respondents shall have the liberty to file recall application to recall the said order. October 8, 2025 SS WRIC No. 32572 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad