IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1354 of 2008 (M/S) Yusuf Ali, S/o Late Sri Khursheed Ali, R/o Village Mehtosh, Post Office Prem Nagar, Tehsil Gadarpur, District Udham Singh Nagar. …… Petitioner. Versus State of Uttarakhand, through District Magistrate, District Udham Singh Nagar and others. .….. Respondents. Sri Sandeep Kothari, learned counsel for the petitioner. Sri K.P. Upadhyay, learned Additional C.S.C. for the State-respondents. Hon’ble B.S.Verma, J. Heard Sri Sandeep Kothari, learned counsel for the petitioner and Sri K.P. Upadhyay, learned Additional C.S.C. for the State-respondents. The present writ petition has been filed by the petitioner for issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to issue the case certificate of Other Backward Class to the petitioner at the earliest. Learned Additional C.S.C. appearing for the respondents has contended that the certificate cannot be issued by the Court and the competent authority to issue the Caste Certificate i.e. Tehsildar, who has to take decision in the matter in accordance with law and G.O. Learned counsel appearing for the petitioner has contended that the application of the petitioner is pending and the respondent No.3 is not issuing the OBC Caste Certificate to the petitioner. 2 It is further contended that the petitioner has to contest the election and the direction may be given to the respondent No. 3 to decide the application of the petitioner in terms of the Government Order dated 31-1-2004, which was issued by Uttarakhand Government. The prayer made is innocuous in nature and deserves to be accepted. The writ petition is disposed of finally with the direction that the respondent No.3- Tehsildar, Tehsil Gadarpur, District Udham Singh Nagar shall take a decision on the application after due enquiry for issuance of the OBC Caste Certificate made by the petitioner preferably within a period of one week from the date of production of certified copy of this order in accordance with the said Government Order. All pending applications stands disposed of. Copy of the order be supplied to the learned counsel for the petitioner today on the payment of usual charges. (B.S.Verma, J.) 05-08-2008. M.K. 3