SMT. ANJU LATA v. STATE OF U.P. THRU. DIRECTOR BAL VIKAS SEVA EVAM PUSHTAHAAR DEPTT. LKO. AND 3 OTHERS
WRIA/10499/2025 · 2025-09-09
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163563 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163563 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10499 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties no.1 to 4. 2. In view of order being passed, notice to opposite party no.5 stands dispensed with. 3. Petition has been filed challenging order dated 11.08.2025 whereby Income Certificate of petitioner has been cancelled. 4. It has been submitted that a bare perusal of impugned order will make it evident that Income Certificate of petitioner has been cancelled merely on the complaint made by opposite party no.5 i.e. Baby W/o Dharmendra Kumar and the same has been passed without affording any opportunity of hearing or even issuing a show cause notice to petitioner. It is submitted that since petitioner stands selected as an Aganbadi Worker, passing of impugned order in such a manner has adversely effected her rights of appointment. 5. Learned State Counsel has been provided written instructions 08.09.2025, a copy of which is taken on record and as per which it is submitted that petitioner has already submitted a representation before the District Magistrate against impugned order. 6. Upon consideration of submissions advanced by learned counsel for Versus Counsel for Petitioner(s) : Saryu Prasad Tiwari, Prince Kumar Pandey Counsel for Respondent(s) : C.S.C. Smt. Anju Lata .....Petitioner(s) State Of U.P. Thru. Director Bal Vikas Seva Evam Pushtahaar Deptt. Lko. And 3 Others .....Respondent(s)
parties and perusal of material on record, particularly the impugned order, it is evident that there is no narration whatsoever of any opportunity of hearing being provided to petitioner in pursuance of complaint made against her Income Certificate. 7. In the considered opinion of this Court, once the authority concerned required to cancel the Income Certificate previously issued to petitioner, it was incumbent to issue a show cause notice and to affording opportunity of hearing to petitioner prior to visiting her with an order having civil consequences. 8. Considering the fact that impugned order has been passed on an ex parte basis, the same is unsustainable and therefore, the order dated 11.08.2025 is hereby quashed by issuance of a writ in the nature of certiorari granting liberty to opposite party no.4 i.e. Tehsildar, Tehsil, Tanda to pass orders afresh but only after affording opportunity of hearing to petitioner and considering her reply. 9.
In view thereof, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. September 9, 2025 Satish WRIA No. 10499 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench