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2024 Supreme(All) 648

IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI, J.
Shahnawaz Ali - Petitioner
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Deptt. Of Social Welfare Lko. And Others - Respondents
Writ C. No. 1782 of 2024
Decided On : 24-04-2024

Advocates Appeared:
For the Petitioner: Vipul Shukla.
For the Respondent: C.S.C., Gaurav Mehrotra, Nirankar Singh.

IMPORTANT POINT
The principle of forum conveniens requires that parties should adhere to their initial choice of forum when multiple related petitions are pending, to avoid judicial inefficiency and inconvenience.

Headnote:

JURISDICTION - Caste Certificate Verification - Article 226 of the Constitution of India - The court discussed the jurisdictional aspects under Article 226, emphasizing that while it has the power to issue writs throughout its territorial jurisdiction, the propriety of exercising that power is influenced by the existence of related pending cases in another jurisdiction. The court highlighted the principle of 'forum conveniens' and the need for judicial discipline in choosing the appropriate forum for litigation, ultimately deciding to transfer the case to Allahabad due to the interconnected nature of the petitions.

Fact of the Case:

The petitioner challenged multiple orders regarding the verification of his caste certificate, which was crucial for his position as Chairman of Nagar Palika Parishad, Khatauli, reserved for Other Backward Class candidates. The District Level Caste Certificate Scrutiny Committee found that the petitioner did not belong to the claimed caste, leading to the cancellation of his certificate and subsequent legal challenges.

Finding of the Court:

The court found that the root cause of the petitions was the challenge to the caste certificate, with multiple related petitions already pending in Allahabad. It determined that it would not be proper to entertain the current writ petition in Lucknow given the existing cases in Allahabad, emphasizing the need for judicial propriety and efficiency.

Issues: Whether the writ petition could be entertained in Lucknow despite related petitions pending in Allahabad, and the implications of the doctrine of forum conveniens in this context.

Ratio Decidendi: The court held that while it had jurisdiction to hear the case, the principle of forum conveniens and the existence of related pending cases in another jurisdiction warranted the transfer of the case to Allahabad for proper adjudication.

Final Decision: The court accepted the request to transfer the writ petition to Allahabad for hearing, in accordance with Clause 14 of the Uttar Pradesh High Courts Amalgamation Order, 1948.

JUDGMENT :

(Subhash Vidyarthi, J.) :

1. Heard Shri Sanjay Bhasin Senior Advocate assisted by Shri Vipul Shukla, learned counsel for the petitioner, Shri Kuldeep Pati Tripathi, learned counsel for the Additional Advocate General assisted by Shri Vivek Kumar Shukla, Additional Chief Standing Counsel for respondent Nos.1 to 5, Shri Gaurav Mehrotra and Shri Nirankar Singh, learned counsel appearing for the respondent No.6.

2. By means of the instant petition filed under Article 226 of Constitution of India, the petitioner has made following main prayer:-

    “To issue a writ order or direction in the nature of Certiorari quashing the order dated 14.02.2024 passed by State Level Caste Certificate Verification Committee, Department of Social Welfare, Government of Uttar Pradesh, Lucknow -Respondent No.2, order dated 15.07.2023 passed by Divisional Appellate Forum for Caste Certificate Verification Committee, Saharanpur Division, Saharanpur Respondent No.3 and the order dated 09.06.2023 passed by District Level Caste Certificate Verification Committee, District Muzaffarnagar Respondent No.4, which said orders are morefully annexed as Annexure No.1, Annexure No.2 and Annexure No.3 respectively to the Writ Petition.”

3. On the last date of hearing, a preliminary objection was raised that earlier the petitioner has filed as many as four petitions before this Court sitting at Allahabad and prayer made in this Writ Petition is for quashing of three orders-(i) order dated 09.06.2023 passed by the District Level Caste Certificate Scrutiny Committee, Muzafarnagar, (ii) order dated 15.07.2023 passed by Divisional Level Caste Certificate Scrutiny Committee, Saharanpur and (iii) order dated 14.02.2023 passed by the State Level Caste Certificate Scrutiny Committee. The first two orders have been passed at Muzaffarnagar, and Saharanpur, both of which fall outside the territorial jurisdiction of this Court sitting at Lucknow. Although the third order dated 14.02.2022 has been passed by the State Level Caste Certificate Scrutiny Committee, which falls within the territorial jurisdiction of this Court sitting at Lucknow, as two of the orders have been passed within the limits of territorial jurisdiction of this Court sitting at Allahabad and earlier the petitioner has filed as many as four writ petitions at Allahabad, two of which are still pending, it would not be proper for this Court sitting at Lucknow to entertain this writ petition and the petitioner should file this writ petition also at Allahabad.

4. Replying to the aforesaid preliminary objection, Shri Sanjay Bhasin Senior Advocate appearing for the petitioner has submitted that the first writ petition bearing Writ-C No.20676 of 2023 was filed by the petitioner with the following main prayers:-

    “(i) issue a writ, order or direction in the nature of mandamus commanding the stay the effect and operation of order dated 9.6.2023 passed by the District Level Caste Scrutiny Committee till the disposal of the stay application filed by the petitioner in appeal dated 14.6.2023.

(ii) issue a writ, order or direction in the nature of mandamus commanding the Regional Level Caste Scrutiny Committee/appellate authority to decide the petitioner’s stay application dated 14.6.2023 (Annexure 16 to the writ petition).

(iii) issue a writ, order or direction in the nature of mandamus commanding the Regional Level Caste Scrutiny Committee to sent the matter to the vigilance sell for verification of petitioners caste certificate as per the provision contained in government order dated 05.01.1996.”

5. Writ-C No.20676 of 2023 was disposed of by means of an order dated 22.06.2023 passed by a Division Bench of this Court sitting at Allahabad directing the Appellate Authority to decide the stay application of the petitioner within a week’s time.

6. Thereafter, the petitioner filed Writ C No.23754 of 2023 challenging the validity of a show cause notice dated 05.07.2023 issued by the Additional District Magistrate (Administration

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