NANKU Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition the petitioner has challenged the impugned order dated 21-5-2003 (Annexure-7 to the petition). By that order, it has been held that petitioner Nanku is a Muslim Nut by caste and is not a Hindu Nut by caste, and consequently his caste certificate has been cancelled.

(2.) It may be mentioned that Hindu Nut has been declared to be a Scheduled caste by the State of U.P. as stated in para 10 of the petition. The petitioner contested the election of Gram Pradhan of Gram Panchayat Atwa Chechari which is reserved for Scheduled Caste. He received 424 votes while his main opponent Chandra Pal received 301 votes, and hence the petitioner was declared successful. The main contestant Chandra Pal who was defeated by 123 votes made a complaint on 25-4-2000 before the District Magistrate Moradabad stating that the petitioner is a Muslim Nut by caste and he has forged a caste certificate for the purposes of election. On the basis of that application, the A.D.M., Moradabad appointed the Sub-Divisional Magistrate and Tehshildar, Bilari as Inquiry Officers on 30-5-2000. The Tehsildar, Bilari submitted his report dated 30-5-2000 vide Annexure 4. On 9-8-2000 the S.D.M. Chandausi submitted his report to the D.M. vide Annexure-5 to the petition. It was held therein that the petitioner is a Muslim Nut and has obtained .false caste certificate by committing fraud. Petitioner filed a writ petition in this Court, which is still pending. However, by the impugned order dated 21-5-2003, the petitioner's caste certificate has been cancelled.

(3.) Learned counsel for the petitioner submitted that the petitioner has not been given any opportunity of hearing. We do not agree with the submission. A perusal of the report of the Tehsildar vide Annexure-4 shows that the petitioner has produced the documents before the Inquiry Officer. A persual of para 5 of the impugned order dated 21-5-2003 shows that the petitioner Nanku gave a statement before the Authority and he admitted that his mother's name is Shahzadi and his father has been buried in a graveyard. The finding of fact is that the petitioner is a Muslim Nut by caste and is not a Hindu Nut by caste. We cannot interfere with the same in writ jurisdiction. The petition is accordingly dismissed. Petition dismissed.