JUDGEMENT
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(1.) Grievance of the petitioner, who is elected Pradhan, is that his caste certificate has been cancelled by the District Magistrate by means of an exparte order and without giving any notice or opportunity of hearing.
(2.) Learned Additional Chief Standing Counsel has raised a preliminary objection on the maintainability of the writ petition because of existence of alternative remedy available to the petitioner. He has placed reliance on a Division Bench judgment of this Court in Writ-C No. 33924 of 2016. Relevant paragraph of the judgment reads as under:-
"From a bare perusal of the Government Order dated 28.02.2011 it is clearly reflected that in matters wherein there is a dispute pertaining to caste, then the State Government, in its wisdom, has proceeded to create a three tier system for redressal of such disputes. At the first instance the dispute is to be decided by the District Level Caste Scrutiny Committee, headed by the concerned District Magistrate and, in case, anyone is aggrieved against the decision of district level committee, then remedial forum has been provided for before the Divisional Level Caste Certificate Scrutiny Committee headed by Commissioner as its chairman and after the decision is taken by the said Committee, if anyone has any grievance, then the matter has to travel before the State Government and same is adjudicated by State Level Caste Scrutiny Committee.
Consequently, we are of the considered opinion that once there is equal efficacious remedy available to the petitioner, then the petitioner cannot be permitted to by-pass the same.
With these observations, writ petition is dismissed."
(3.) It is further provided that in case the petitioner approaches the Divisional Level Committee, the matter shall be considered and disposed of expeditiously, preferably within a period of four weeks from making of the application in accordance with law.;
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