Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 155308 (ALL)

UMME TABASSUM v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 7 OTHERS

/7439/2025 · 2025-08-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45045-DB Court No. - 2 Case :- WRIT - C No. - 7439 of 2025 Petitioner :- Umme Tabassum Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 7 Others Counsel for Petitioner :- Rajesh Kumar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned Income Certificate No. 504241032616 dated 27.12.2024 and impugned Income Certificate No. 504241010564 dated 09.06.2024 issued by the opposite party no. 5 in favour of opposite party no. 7 and 8 as contained in Annexure No. 1 and 2 to this writ petition. (ii) to issue a writ, order or direction in the nature mandamus commanding/directing the opposite party no. 5 to consider the case of petitioner in light of representation dated 14.06.2025 which was moved in respect to the cancellation of Income Certificate No. 504241032616 dated 27.12.2024 and Income Certificate No. 504241010564 dated 09.06.2024 issued by opposite party no. 5 in favour of opposite party no. 7 and 8 as contained in Annexure No. 3 to this writ petition. (iii) to issue a writ, order or direction in the nature mandamus commanding/directing the opposite party no. 2 and 6 to not given any benefits on the basis of Income Certificate No. 504241032616 dated 27.12.2024 and Income Certificate No. 504241010564 dated 09.06.2024 to the opposite party no. 7 and 8." 3. Learned Standing Counsel for the State Respondents has relied upon a Government Order No. 669/Ek-1-9- 2014-11(2)/2011 dated 24.07.2014 issued by the Principal Secretary, Department of Revenue wherein it has been stated that if a person is aggrieved by an incorrect issuance of Income Certificate by the Tehsildar, he can approach the Sub-Divisional Magistrate in Appeal. A Second Appeal is also provided before the District Magistrate. 4. In view of the Government Order dated 24.07.2014, we direct the petitioner to file his appeal before the Sub- Divisional Magistrate concerned within two weeks from today. If such appeal is filed within time as prescribed by this Court, the Sub-Divisional Magistrate, Kaisarganj, Bahraich shall, after giving opportunity of hearing to the opposite parties no. 7 and 8, take an appropriate decision within eight weeks from the date a copy of this order is produced before him alongwith the Appeal. 5. Accordingly, the writ petition stands disposed of with the aforesaid direction. Order Date :- 4.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench