SUBHASH CHANDRA Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) APPELLANT applied for obtaining a certificate acknowledging that he belongs to 'Khatik' community. This application was rejected by an order dated 17.10.2007. In a writ petition, the Appellant challenged the said order by contending that the order dated 17.10.2007 was passed without giving an opportunity of hearing to him. This Court allowed the writ petition and quashed the order dated 17.10.2007 and directed the Tehsildar, Kashipur to decide the said application of the Appellant afresh, after giving a reasonable opportunity of hearing to the Appellant. An opportunity of hearing was given to the Appellant, whereupon Tehsildar, Kashipur passed an order dated 20.6.2008 and thereby agreed to issue a certificate in favour of the Appellant showing that be belongs to 'Gadaria' community. Whereas 'Khatik' community belongs to Scheduled Caste community, 'Gadaria' community belongs to Other Backward Class community. Aggrieved by the said order dated 20.6.2008, Appellant filed a writ petition, which has been dismissed by the judgment and order under appeal.

(2.) TEHSILDAR , Kashipur, in his order dated 20.6.2008, recorded that the grandfather of the Appellant was shown to be belong to 'Gadaria' community in a Khatauni of 1356 Fasli. While dealing with the writ petition, the learned Single Judge, according to us, correctly held that the said Khatauni could not be treated as clinching evidence. The same was one of the evidences, which could be taken note of, inasmuch as the Khatauni does not contain any acknowledgment by the grandfather of the Appellant. In other words, there is nothing to show from the Khatauni itself that the grandfather of the Appellant accepted all the contents thereof.

(3.) WE , accordingly, set aside the judgment and order under appeal and allow the writ petition by quashing the order of the Tehsildar, Kashipur dated 20.6.2008 and direct the said Tehsildar to do the needful and decide the application of the Appellant, which is still pending, in accordance with the law. It is hoped and expected, as is the requirement, Tehsildar, Kashipur, either himself or through his subordinates, make appropriate enquiry from the other relatives of the Appellant, descending from the grandfather of the Appellant, to ascertain whether they have been awarded certificates acknowledging that they belong to 'Khatik' community. It is also expected that appropriate local enquiry should also be made to find out whether the local people regarded and still regard the Appellant and his family as belonging to 'Khatik' community.