Advocates:
['MAHAVIR S TYAGI', 'C S C', 'SUDHIR KUMAR', 'A K AGARWAL']

Reserved Judgment

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 1914 of 2010

Chatar Dutt Joshi

....Petitioner

Versus

State & others

.…Respondents

Mr. M.S. Tyagi, Advocate for the petitioner.

Mr. B.S. Parihar, Standing Counsel for the State.

Mr. Sudhir Kumar, Advocate for the respondent nos.5 and 6.

Judgment Reserved- 30.10.2017

Date of Judgment - 21.11.2017

Hon’ble Rajiv Sharma, J

Petitioner has challenged the Scheduled Tribes

Caste Certificate issued in favour of respondent nos.5 and

6 on 16.07.1984 and 08.07.2006 respectively.

2.

The case of the petitioner, in a nutshell, is that

the respondent nos.5 and 6 are Nepali Gorkhas in origin

and they could not be issued Scheduled Tribes certificates.

3.

Petitioner has placed reliance upon the report

furnished by Lekhpal on 14.12.2006. The complaint was

lodged by the petitioner. The matter was looked into by

Tehsildar

i.e.

respondent

no.4

vide

report

dated

09.12.2006.

4.

Shri Ran Bahadur was the father of respondent

no.5 and grandfather of respondent no.6.

5.

It is evident from the report dated 09.12.2006

that a land measuring