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2025 DAILYLAW 154111 (ALL)

SANGEETA SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 5 OTHERS

CMRAD/124/2025 · 2025-08-08

Manish Kumar, Rajan Roy

body2025

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Neutral Citation No. - 2025:AHC-LKO:46523-DB Court No. - 1 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 124 of 2025 Applicant :- Sangeeta Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 5 Others Counsel for Applicant :- Perdeep Kumar Tripathi Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. (C.M.A. No. 1 of 2025: Delay) Heard on this application for condonation of delay in filing the review application. Reason shown in the affidavit filed in support of the application, for the delay in filing the review application is satisfactory and convincing. The application is allowed. Delay in filing the review application is hereby condoned. (Order on Review Application.) Heard. This review application has been filed seeking setting aside of the impugned judgment/order dated 23.05.2025 passed in Writ Petition No. 4796 (Writ-C) of 2025 and to decide the matter after re-hearing. Shri V.P. Nag, learned Standing Counsel, informs us on the basis of instructions that notice was not given prior to cancellation of the domicile certificate. This aspect could not be considered while passing the judgment dated 23.05.2025, therefore, the said judgment is erroneous and liable to be reviewed and recalled. It is accordingly, reviewed and recalled. Review application is allowed. Writ petition stands restored to its original number. As there is abject violation of the principles of natural justice, the order, dated 8/4/2025, is liable to be quashed. However, on being confronted as to why the cancellation order dated 8/4/2025 has not been challenged, learned counsel for the applicant has submitted that he did not have a copy of the order, therefore, he did not challenge it, instead, he sought disposal of his representation. Prayer could have been made seeking certiorari for quashing the said order, after summoning the same. Counsel should have done so. A litigant cannot suffer on account of the aforesaid. We accordingly modify the relief and quash the order of cancellation, dated 8/4/2025, which is on record annexed as Annexure-3 to the review petition. The Tehsildar concerned is directed to confront the applicant by way of show-cause notice, to be issued within one week alongwith the adverse material and proposed action of cancellation of the domicile certificate and reasons in respect thereof, giving reasonable time to the petitioner, say, 15 days, to respond to the same, and, on receipt of such response, or in the case of its non-filing, take a decision as per law. Let this exercise be completed within one month. The entitlement of the petitioner to be appointed as an Anganwadi Karyakartri would be considered immediately after such decision is taken, unless there is any legal impediment. Shri V.P. Nag, Standing Counsel, shall communicate our order to the concerned for compliance. With the above observations/directions this review application is allowed. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 8.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench