MANJEET KAUR Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioner in the writ petition claims to be a permanent resident of the State of Uttarakhand under the strength of Permanent Residence Certificate granted in her favour by the Sub Divisional Magistrate on 27.12.2007.

(2.) The cause of action for the petitioner to file the instant writ petition has arisen because of the Enquiry Report dated 23.06.2009, which has been the basis for cancellation of her caste certificate by impugned order dated 11.09.2009.

(3.) The contention of the petitioner, in the writ petition is that her father belongs to a community called as "Rai Sikh" community, which is an OBC community recognized in the State of Uttarakhand. Consequently, she, by birth, gets caste of her father. Apart from it, her father-in-law and husband too belong to the same community. The contention of the petitioner is that one Mr. Munni Lal, who was enimical to the petitioner and her family members had often, now and then taking recourse to harass the family members of the petitioner and in that endeavour, he lodged an FIR against the family members invoking Sections 323, 504, 506 IPC read with section 3 (X) SC/ST Act, which was registered as FIR No. 208 of 2008. After investigation, a final report has been submitted on 08.10.2008.