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2012 Supreme(All) 269

DEVI PRASAD SINGH, S.C.CHAURASIA
Rajvir Singh Bath – Appellant
Versus
State of U. P. And Others – Respondent


Dr. L.P. Misra , Abhishek Misra, Advocates, for Petitioner.
CSC , Sri Gopal Pandey, Advocate, for Respondent.

Hon'ble S.C. Chaurasia,J. :—

Rejoinder affidavit filed on behalf of the petitioner is taken on record.

Heard Dr. L.P. Misra, learned counsel for the petitioner, Sri Gopal Pandey, learned counsel for the opposite party no. 4, learned Standing Counsel and perused the record.

With the consent of learned counsel for the parties, we proceed to decide the writ petition finally at the admission stage.

The instant writ petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 12.01.2012 passed by the opposite party no. 3, Tehsildar, Tehsil Gola Gokarannath, District-Lakhimpur Kheri, by which, opposite party no. 3 has cancelled the caste certificate issued to the petitioner holding that petitioner does not belong to Scheduled Caste Category. The caste certificate issued earlier has been cancelled by the impugned order.

Learned counsel for the petitioner has invited attention of this Court towards the judgment of Hon'ble Supreme Court reported in (1994) 6 Supreme Court Cases 241, Kumar Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others followed by subsequent judgment reported in (1997) 5 Supreme Court Cases 437, K































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