LAWS(UTN)-2010-10-43

VISHWAJEET MAJHI Vs. STATE OF UTTARAKHAND

Decided On October 28, 2010
VISHWAJEET MAJHI Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) HEARD Mr. Lalit Tewari, Advocate for the petitioner and Mr. P. C. Bisht, learned Brief Holder appearing on behalf of the respondents.

(2.) BY means of this petition the petitioner has sought the following relief-

(3.) I have perused the impugned order passed by Tehsildar while rejecting the application of the petitioner for issue of Caste Certificate. The petitioner has applied for issue of Caste Certificate at the residence of Rashmi Udhyog F-68, Industrial Area, Bahadarabad, Pargana Jwalapur, Tehsil and District Haridwar. The Tehsildar got inquired the genuineness of the residence of the petitioner by Lekhpal/Revenue Inspector. The Lekhpal submitted his report dated 20-9- 2010 in which he has reported that the given address of the petitioner could not be identified and the petitioner has told him that he is resident of Bihar State. The Tehsildar also stated that the petitioner has not enclosed the domicile certificate of Uttarakhand along with his application for issue of Caste Certificate. The petitioner enclosed the certificate of service of his grandfather Sajawal Prasad in BHEL during the period 27-5-1970 to 7-8-1999 and his transfer certificate dated 31-5-1978 issued by Inter College Jwalapur, in which the residence of petitioner has been Labour Colony BHEL Haridwar, but the said Colony was entered in the category of unauthorised colony. The Tehsildar on the basis of above documents has drawn the inference that although petitioner was residing in Uttarakhand for about 40 years, but he is not a permanent resident of Uttarakhand.