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2025 DAILYLAW 156863 (ALL)

ROSHANI SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVNUE LKO. AND 5 OTHERS

WRIC/7664/2025 · 2025-08-12

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47092-DB Court No. - 2 Case :- WRIT - C No. - 7664 of 2025 Petitioner :- Roshani Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revnue Lko. And 5 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. 'Vakalatnama' filed by Shri Ajey Singh, Advocate on behalf of respondent no.6 is taken on record. 2. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel, who appears for the State-respondents, Shri Ajey Singh, learned counsel appearing for respondent no.6 and perused the record. 3. This writ petition has been filed by petitioner with following main prayers: "(i) Issue a writ of mandamus or a writ, order or direction in the nature of Certiorari thereby quashing the report dated 29.07.2025 submitted by the opposite party No. 5 before the Tehsildar, Tehsil Sadar, District Bahraich, contained in Annexure No. 1 to the writ petition. (ii) Issue a writ of mandamus or a writ, order or direction in the nature of Mandamus commanding the opposite parties No. 1 to 4 to cancel the EWS (Economic Weaker Sections) Certificate of the opposite party No. 6 after summoning the original;" 4. It has been submitted by learned counsel for the petitioner that the State Government had launched a scheme in the name of 'Anganwadi Karyakatri' and in pursuance of government order issued in this regard, advertisement was issued for filling up post of 'Anganwadi Karyakatri', Mini Anganwadi Karyakatri and Sahayika. The District Program Officer (Bal Vikas), Bahraich also issued an advertisement. The petitioner being eligible applied and respondent no.6 has also applied, but she has placed reliance upon false certificate given to her under Economic Weaker Sections (E.W.S.) category, on the basis of which respondent no.6 was selected on the post of 'Anganwadi Karyakatri'. When the petitioner came to know about the falsity of said E.W.S. certificate, she had raised a complaint on which a report has been submitted on 12.04.2025, in which the petitioner's income has been shown as Rs.42,000/- annually and respondent no.6's income has been shown as Rs.48,000/- annually. The family of respondent no.6 is in fact the owner of several plots of land i.e. more than 40 bighas of land, having a four wheeler, a double story constructed house in Dharmanpur Bazar, they have let out three shops for rent and also constructed a three story house at Zingaha Ghat, Sadar, Bahraich and a third constructed house is at Dharmanpur. Therefore, this writ petition has been filed with the aforesaid prayers. 5. Learned Additional Chief Standing Counsel has produced before this Court instructions sent by the Sub Divisional Magistrate, Sadar, Bahraich dated 06.08.2025, wherein it has been stated that after the report, which has been impugned in this writ petition, another inquiry was conducted in the matter and it was found that indeed the family of respondent no.6 owns more land than is prescribed for Economic Weaker Sections (E.W.S.) category. A notice has been issued to respondent no.6 in this regard. Instructions are kept on record. 6. In view of aforesaid facts, this writ petition is disposed of with direction to respondent no.6 to reply to the notice dated 06.08.2025 within two weeks from today. The State respondents/competent authorities are directed to take appropriate decision in the matter within a further period of six weeks thereafter. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 12.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench