- (1.) The issue for consideration in this petition is whether the Tehsildar has power to refuse/reject the application or caste certificate or cancel the caste certificate.
(2.) Despite time having been allowed, the respondents have not filed any counter affidavit. The issue being raised in this petition stands squarely covered by various decisions and thus we proceed to dispose of the writ petition finally at this stage as no useful purpose would be served by keeping the same pending and granting further time to the State respondents to file counter affidavit.
(3.) Facts are that the petitioner was issued a caste certificate dated 25.09.1997 by the Tehsildar, Nichlaul, district Maharajganj certifying that he was a member of the Scheduled Caste being 'Kharwar'. From the pleadings, it appears that the petitioner made another application dated 17.3.2015 before the Tehsildar, Nichlaul for issuing a caste certificate of 'Kharwar'. When no decision was taken, he filed a writ petition no. 16726 of 2015 which was disposed of vide order dated 30.3.2015 directing the competent authority to take a decision on the application submitted by the petitioner expeditiously preferably within a period of one month from the date of production of a certified copy of the order. Still when no decision was taken by the respondent authority, the petitioner filed contempt application being Civil Misc. Contempt Petition No. 2787 of 2015, which was disposed of vide order dated 11.5.2015 giving one more opportunity to the Tehsildar to comply with the order passed by the writ court. It is thereafter, the application of the petitioner was considered by the Tehsildar and vide impugned order dated 01.06.2015 he not only rejected the application for issuing a caste certificate but also cancelled the earlier certificate dated 25.09.1997.;