THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29173 OF 2024 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus to declare the proceedings in Rc.No./182/2016-C dated 14.11.2024 issued by the 2nd respondent by cancelling the Residence Certificate dated 20.05.2015 of the petitioner as illegal, arbitrary and consequently to set-aside the same. 2. The facts of the case are that the petitioner is an Anganwadi Worker and claiming as resident of Bhagyanagar, Guntur West Mandal, Guntur District, obtained residence Certificate dated 20.05.2015. On the complaint given by the third respondent/unsuccessful candidate that the petitioner got selected to the post of Anganwadi Worker by providing false information as if she is resident of the said locality/village, the 2nd respondent cancelled the residential certificate of the petitioner vide proceedings in R.C.No.182/2016C dated 25.03.2016 on the ground that the petitioner did not reside in any house of the locality/village at any point of time. Challenging the proceedings of the 2nd respondent/Tahsildar, the present writ petition is filed. 3. The Tahsildar, Guntur West Mandal submitted written instructions in Rc.No.871/2024-DT dated 09.12.2024. In Paragraph No.7, it is stated that, 2 NV,J W.P.No.29173 of 2024 during inquiry, B. Tirupathi Swamy, the house owner stated that Smt. Avula Malleswari never resided at his house with D.No.2-14-8/27, Bhagya Nagar, 1st Line, Guntur but obtain a residence certificate from the Tahsildar’s office. He confirmed that he has been living at that address since 2005 and has rented out the second portion of his house to various tenants over the years, but Smt. Avula Malleswari was never one of them. Neighbouring residents also confirmed that Smt. Avula Malleswari never lived at that address. Further, in Paragraph No.10, it is submitted that, the petitioner obtained the residence certificate through false information, as evidenced by lack of corroborative statements from her witnesses and the confirmation from the house owner and neighbouring residents that she never resided at the stated address in Residence Certificate during the specified period. Following proper appreciation of evidence, the 2nd respondent has issued speaking orders 14.11.2024 thereby cancelling the residential certificate obtained by the petitioner and requested to dismiss the writ petition. 4. During hearing, learned counsel for the petitioner submits that, except stating that the house owner informed contrary to his own statement given earlier, nothing is mentioned as to the details on what date he has given the statement and by whom it was recorded. He further contends that, the Panchanama did not disclose the date and no copy of panchanama was 3 NV,J W.P.No.29173 of 2024 provided to the petitioner before issuing impugned proceedings. Further, no enquiry report was also served on the petitioner for rebutting the averments. Learned counsel contends that, no opportunity of hearing was provided to the petitioner before arriving at a conclusion for cancelling the Residence Certificate and finally requested to set-aside the impugned proceedings. 5. On the other hand, learned Government Pleader for Revenue supported the order of the 2nd respondent/Tahsildar in all respects. He submits that, a thorough enquiry was conducted by the Ward Revenue Secretary and Mandal Revenue Inspector, Guntur West Mandal, and after gathering substantial evidence form various tenants over the years and neighbours, a conclusion was arrived that the petitioner obtained the residential certificate through false information, which was evidenced by lack of corroborative statements from the witnesses and confirmation from the house owner and neighbouring residents that she never resided at the stated address in Residence Certificate. Learned Government Pleader contended that the impugned proceedings are in accordance with law and needs no interference by this Court. 6. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. 4 NV,J W.P.No.29173 of 2024 7. A perusal of the impugned proceedings, it appears that the petitioner obtained Residence Certificate on 25.02.2015. But, the 2nd respondent stated that the petitioner obtained the same by furnishing false information. The petitioner alleged that, no personal opportunity of hearing was provided to her and copy of panchanama and an enquiry report were also not furnished to her. It is incumbent upon the 2nd respondent to provide copy of panchanama, enquiry report and also afford an opportunity of personal hearing before issuing the impugned proceedings. Without observing principles of natural justice and without providing fair and reasonable opportunity of hearing to the petitioner, passing the impugned proceedings against the petitioner is illegal and arbitrary. Hence, the proceedings in Rc.No.182/2016-C dated 14.11.2024 are liable to be set-aside. 8. In the result, writ petition is allowed with the following directions: a. The action of the 2nd respondent in issuing the proceedings Rc.No.182/2016-C dated 14.11.2024 is declared as illegal, arbitrary and violation of principles of natural justice; b. Proceedings in Rc.No.182/2016-C dated 14.11.2024 are hereby set-aside; c. The 2nd respondent is at liberty to proceed further and conduct enquiry, in accordance with law, after observing principles of 5 NV,J W.P.No.29173 of 2024 natural justice after providing fair and reasonable opportunity to the petitioner within a period of two months from the date of receipt of copy of this order. 9. Consequently, miscellaneous applications pending if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt: 04.04.2025 SP 6 NV,J W.P.No.29173 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29173 OF 2024 Dt: 04.04.2025 SP