RIZWAN ANWAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this Writ Petition, moved under Article 226 of the Constitution of India, the Petitioner has sought the following reliefs:

(2.) BRIEF facts of the writ petition are that the Petitioner has been residing with his family at Kheda Colony, Tehsil Kichcha, Rudrapur since his birth. Anwar Ahmad -father of the Petitioner has been working as Driver in the Trans -port Corporation since 1986. The father of the Petitioner is residing at Kheda Colony, Tehsil Kichcha, Rudrapur, Udham Singh Nagar. The State Government issued a G.O. No. 2588/Ek -4/ Sa. Pr./2001 dated 20th November, 2001 regarding the issuance of Permanent Residence Certificate to the persons who have been residing in the State of Uttarakhand. The Petitioner was selected for counseling in the Uttarakhand P.M.T. and for this reason the Petitioner is required to submit the permanent residence certificate. The Petitioner applied for Permanent Residence Certificate be -fore the authorities concerned. The Patwari submitted his report to the Tehsildar, but the Tehsildar instead of issuing the certificate stated therein that the Petitioner has completed his Intermediate education from District Bareilly, U.P. Thereafter, the Tehsildar sought certain queries regarding the education of the Petitioner from Patwari. Thereafter, the Petitioner met with SDM, who sought report from the Patwari. It was further stated that the Petitioner has completed his education from Baheri, District Bareilly, U.P. and he was residing with his father. He was having a bus -pass issued by the Uttarakhand Trans -port Corporation. He used to travel daily from Kheda Colony, Kichcha to Bareilly to attend his classes. It was further alleged that Ward No. 5 Kheda, Tehsil Kichcha, Nagar Palika Parishad Rudrapur has. is -sued a certificate in favour of the Petitioner stating therein that the Petitioner has been residing at Kheda, Rudrapur for 20 years. It was further stated that the Petitioner has applied for the Permanent Residence Certificate under the provisions of G.O.s. is -sued by the State Government, but the Respondents rejected the application to issue the Permanent Residence Certificate in favour of the Petitioner. Feeling aggrieved by this, the Petitioner has filed this writ petition before this Court.

(3.) HEARD Mr. Kurban Ali Advocate for the Petitioner and Mr. Lalit Sharma Brief Holder for the Respondents/State. Perused the record.