APSARI @ AFSARI ANSARI v. STATE OF U.P. AND 3 OTHERS
WRIC/29403/2025 · 2025-10-08
body2025
DailyLaw.ai
[ 2025 DAILYLAW 192986 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192986 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29403 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. By means of the present writ petition, the petitioner has assailed the
order by which the income certificate issued to him has been cancelled.
3. Challenging the said order, learned counsel for the petitioner has contended that the petitioner was issued an income certificate on 27.11.2024, a copy of which is appended at page no. 16 of the writ petition. It is submitted that the said certificate has been cancelled without issuing any notice or affording an opportunity of hearing to the petitioner, and the cancellation has been effected by a cryptic and non-speaking
order.
4. Learned counsel for the respondent contends that the income certificate was cancelled due to certain infirmities in its issuance, and therefore, the cancellation does not suffer from any illegality.
5. Be that as it may, the impugned order is reproduced as under :-
"स्वीकृ त प्ऴ/्ऺमाण प्ऴ िवभागीय अनुशंसा के आधार पर िनरस्त कर िदया गया है। कृ पया सम्बिन्धत कें ्श अथवा अिधकारी से सम्पकर् करें। "
6. From the aforesaid facts, it is evident that the impugned order is cryptic and passed without application of mind. Further, once respondent no. 4 had issued the income certificate, it could not have been cancelled without Versus Counsel for Petitioner(s) : Upendra Upadhyay Counsel for Respondent(s) : C.S.C. Apsari @ Afsari Ansari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
affording due notice and opportunity of hearing to the petitioner.
7. In such view of the fact, the writ petition is allowed and the impugned
order is set aside, with liberty to respondent no. 4 to pass a fresh order after giving due notice and opportunity of hearing to the petitioner, in accordance with law. October 9, 2025 Gaurav WRIC No. 29403 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad