LAL MANI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) -This is a writ petition directed against a determination given by the Collector on the 30th of June, 2005, determining the caste of the respondent No. 5 as Majhwar.

(2.) THE facts giving rise to this writ petition are to be noted briefly. THE respondent No. 5 was issued Scheduled Caste certificate of Majhwar, dated 30.5.1993 issued by Tahsildar, which is one of the castes listed as Scheduled Caste in the Constitution (Scheduled Caste) Order, 1950 (as applicable for Uttar Pradesh). THE said certificate of Scheduled Caste was subsequently cancelled by an order dated 15th May, 1996, passed by the Additional District Magistrate pursuant to some inquiry to the effect that respondent No. 5 does not belong to Majhwar caste. THE order dated 15.5.1996 was challenged by respondent No. 5 by Writ Petition No. 19067 of 1996. THE said writ petition was allowed by order of this Court dated 2.11.2004 holding that the order dated 15.5.1996 was passed without giving an opportunity to the petitioner, hence the order is liable to be set-aside and the matter needs to be reconsidered. In the said writ petition, the present petitioner, Lal Mani Prasad, was also heard and this Court while disposing of the writ petition permitted filing of objection by the present petitioner before the Collector. THE petitioner as well as the respondent No. 5 filed their objections and the Collector after hearing the parties passed the impugned order dated 30.6.2005, which is challenged in this writ petition.

(3.) THE basic case of the petitioner is that the respondent is a Godia and therefore he is of different caste and cannot be of the caste Majhwar.