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2025 DAILYLAW 106606 (ALL)

PRABHAWATI DEVI v. State of UP AND 4 OTHERS

WRIC/36820/2024 · 2025-01-27

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13826-DB Court No. - 40 Case :- WRIT - C No. - 36820 of 2024 Petitioner :- Prabhawati Devi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- K.R. Singh Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the State respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is seeking following substantial prayers: "(i) To issue a writ, or order in the nature certiorari quashing the impugned order dated 17.10.2024 passed by respondent no.3 (District Level Caste Scrutiny Committee, Kushinagar) [Annexure No.1 to the writ petition]. (ii) To issue a writ, or order in the nature of certiorari quashing the impugned order dated 28.02.2011 passed by respondent no.2 (Principal Secretary, Social Welfare Department, U.P. Lucknow) [Annexure No.2 to the writ petition]." (iii) To issue an order or direction in the nature of mandamus to the respondents not to take any coercive action against the petitioner pursuant to the impugned order dated 17.10.2024." 3. Upon hearing counsel appearing on behalf of the parties and upon perusal of the documents, we are of the view that the impugned order dated October 17, 2024 is required to be quashed and set aside. 4. Accordingly, the impugned order dated October 17, 2024 is quashed and set aside with a direction upon the respondent No./Principal Secretary, Department of Social Welfare, U.P. Lucknow to seek a proper report from the Vigilance Cell. Once the report of the Vigilance Cell is made available, the District Level Caste Scrutiny Committee is directed to provide a copy of the said report to the petitioner, grant an opportunity of hearing to her, and thereafter, pass a reasoned order in accordance with law. 5. With the above direction, the writ petition is disposed of. Order Date :- 27.1.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad