HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8479 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioners and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 6. 2. This petition has been filed by the petitioners for the following prayers:- "i. A writ, order or direction in the nature of Certiorari to quash the impugned order dated 14.08.2025 passed by the opposite party No.2 whereby the Domicile Certificate No.532252019364 dated 28.07.2025 issued in favour of petitioner No.1 and Domicile Certificate No.532252019970 dated 01.08.2025 issued in favour of petitioner No.2 have been cancelled without providing opportunity of hearing to the petitioners, contained as Annexure No.1 to the writ petition. ii. Any other writ, order or direction which this Hon'ble court may deems appropriate and proper may under the fact and circumstances. iii. Allow the instant writ petition with substantial costs, throughout." 3. We have gone through the order dated 14.08.2025 which has been passed by the Sub Divisional Officer, Colonelganj, District Gonda, on a complaint being made by one Ramesh Chandra Ojha regarding wrong Domicile Certificate being given to the petitioner. 4. The learned Standing Counsel has placed before this Court a Co-ordinate Bench decision dated 20.04.2016 passed in Writ Petition No.8288 (M/B) of 2016 [Smt. Laxmi Tiwari Vs. The State of U.P. and others] wherein in a similar matter a Domicile Certificate earlier granted, was cancelled by the Sub Divisional Magistrate, the Court had considered Uttar Pradesh Janhit Guarantee Adhiniyam, 2011. It had also considered the Notification issued by the State Government on 15.01.2011 providing that the Sub Divisional Magistrate shall be a designated Officer for deciding issues Versus Counsel for Petitioner(s) : Ram Kumar Singh, Pawan Kumar Sharma Counsel for Respondent(s) : C.S.C., Ambrish Kumar Pandey Rahul Tiwari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue U.P. Lko. And 5 Others .....Respondent(s) pertaining to Domicile Certificates. The First Appeal shall lie to the District Magistrate, while a further appeal is provided to the Divisional Commissioner. 5. The Court held that cancellation of a Domicile Certificate amounts in law to rejection of application for the grant of Domicile Certificate and while cancelling a Domicile Certificate, what the Sub-Divisional Magistrate essentially does is to hold that the applicant is not entitled to Domicile Certificate for the reasons indicated in the order of cancellation. The consequence of the cancellation of a Domicile Certificate is the same as rejection of application for issuance of a domicile certificate. The Court, therefore, had held that an Appeal would be maintainable against cancellation of Domicile Certificate by the Sub Divisional Magistrate before the District Collector and thereafter a Second Appeal would be maintainable before the Divisional Commissioner. 6. The writ petition is disposed of leaving it open for the petitioners to file an Appeal before the District Magistrate concerned. September 2, 2025 N.PAL WRIC No. 8479 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench