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2025 DAILYLAW 171929 (ALL)

SMT. REKHA RAJBHAR v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/15830/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15830 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri S.P. Singh, learned counsel for the writ petitioner and Sri Rahul Malviya, learned Standing Counsel for the State as well as Sri Akhilesh Kumar Singh, for Respondent no.5. 2. Essentially, the present writ petition is premised upon the challenge raised to the two orders, firstly the order dated 26.09.2025, whereby the income certificate of the writ petitioner has been cancelled and second, based upon the same, the dispensing of the services of the petitioner as Angarbadi Karyakatri on the ground that the income certificate has been cancelled. 3. Learned Standing Counsel as well as the counsel appearing for Respondent no.5 on the other hand submit that whatever might be, since the income certificate stands cancelled and based upon the same, the services of the writ petitioner has been dispensed with, thus the genesis of the matter is the income certificate, which is amenable to challenge by way of appeal before the concerned SDM vide Notification dated 15.01.2011 issued under Section 3 of the Uttar Pradesh Janhit Guarantee Adhyadesh, 2011. 4. To such a submission, learned counsel for the writ petitioner has no objection, however, he submits that the writ petitioner may prefer appeal before the First Appellate Authority, the delay be condoned and liberty be accorded to the writ petitioner to challenge the ultimate order of dispensing of the services post outcome of fate of the appeal. 5. Considering the submissions so made across the Bar, the writ petition stands disposed of directing the writ petitioner to prefer an appeal before the Versus Counsel for Petitioner(s) : S.B.Singh, Shashwat Pratap Singh, Vipin Tripathi Counsel for Respondent(s) : Akhilesh Kumar Singh, C.S.C. Smt. Rekha Rajbhar .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) Sub-Divisional Magistrate, against cancellation of the income certificate and in case the appeal is preferred by 14.11.2025, then the question of delay will not come and the appeal shall be decided with most expedition. Post decision of the appeal, it will be open for the writ petitioner to approach this Court. October 29, 2025 N.S.Rathour WRIA No. 15830 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad