IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application No.8259 of 2008 In WRIT PETITION No. 2123 of 2008 (M/S) 1. Suberam S/o Suggan @ Suganchand. 2. Omprakash S/o Suggan @ Sugganchand Both petitioner Nos. 1 and 2 are R/o Village- Akbarpurud, Tehsil Laksar, District Haridwar. ……Petitioners. Versus 1. State of Uttarakhand, through District Magistrate, Haridwar, District Haridwar. 2. Tehsildar, Tehsil-Laksar, Haridwar, District Haridwar. ..Respondents. Mr. Shashikant Shandilya, Advocate for the petitioners. Mr. K.P. Upadhyay, Addl. C.S.C. for the State-respondents. Date: - 26-03-2010 Hon’ble B.S. Verma J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioners have sought following reliefs:- A) a writ, order or direction in the nature of certiorari for quashing the impugned order dated 11-08-2008 passed by respondent No.2 (Annexure No.6). B) a writ, order or direction in the nature of mandamus commanding and directing the 2 respondents to issue the Domicile and Cast Certificate to the petitioners. C) Such other relief or relief’s as this Hon’ble Court deems just and proper in the facts and circumstances of the case, may also be granted. In the present writ petition on 15-04-2009, this court had directed the petitioner to approach the District Magistrate, Haridwar and state their claim before him as to their permanent residence certificate of Village Akbarpur, Tehsil Laksar, District Haridwar and then the District Magistrate, Haridwar shall enquire from the Tehsildar concerned as well as from the persons who are permanently residing in the concerned village as to the identity of the petitioners. It was made clear that the statement of the Gram Pradhan shall not be recorded by the District Magistrate Haridwar and the direction was given to District Magistrate to take decision within a period of one month from the date of production of certified copy of this order. In compliance of the Court’s order, the decision was taken by the District Magistrate on 03-06-2009, the photocopy of which has been shown by the Additional C.S.C. to the Court. By a perusal of order of District Magistrate, it shows that the statement of villagers were not recorded whether the petitioners are living in the Village Akbarpur Ud or in Village Sultanpur Adampur. This Court is of the view that the District Magistrate, Haridwar shall conduct a fresh enquiry as has been directed by this Court vide order dated 15-04-2009 and then take decision in the matter. 3 The petitioner shall make a fresh application to the District Magistrate, Haridwar for compliance of the Court’s order dated 15-04-2009 along with the copy of this order within two weeks. If the application is made, the same shall be decided by the District Magistrate, Haridwar within a period of three months from the date of production of certified copy of this order on the basis of the enquiry made. With the said direction, the writ petition is disposed of. All pending applications stand disposed of accordingly. (B.S. Verma, J.) 26-03-2010 MK