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2025 DAILYLAW 64589 (ALL)

PRIYANKA YADAV v. STATE OF U.P. AND 8 OTHERS

WRIC/17631/2025 · 2025-07-09

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110287-DB Court No. - 39 Case :- WRIT - C No. - 17631 of 2025 Petitioner :- Priyanka Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Alok Singh,Aniket Yadav,Phool Chandra Singh Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Phool Chandra Singh, learned advocate appears on behalf of petitioner and submits, his client has challenged order dated 14th May, 2025 passed by respondent no.4 cancelling her income certificate. His client was not given opportunity of hearing. He seeks interference. 2. Mr. Gireesh Chandra Tiwari, learned advocate, Standing Counsel appears on behalf of State. Mr. Priya Ranjan Rai, learned advocate appears on behalf of respondent no.8 (the complainant) and submits, petitioner has already preferred appeal against impugned order. There should not be interference. Mr. Phool Chandra Singh submits, the appeal may have been subsequently filed. He has no instructions regarding the same. 3. On query we have ascertained, the writ petition was filed on 22nd May, 2025 and the appeal filed by a different advocate on 13th June, 2025. We do not take cognizance of implication that petitioner may have been advised that his writ petition will not be heard so he should file appeal. 4. On further query Mr. Gireesh Chandra Tiwari is unable to demonstrate from impugned order that petitioner was given opportunity of hearing. As such, impugned order is set aside and quashed. Matter is restored to respondent no.4 on direction to give petitioner and complainant one opportunity of hearing and thereupon pass fresh order. We make it clear, if upon hearing said respondent finds fit to reiterate decision in hereby set aside impugned order he made, the authority may do so with reasons. We also make it clear, hearing notice must be complied with by petitioner and respondent no.8. 5. The writ petition is disposed of. Order Date :- 10.7.2025 Shahroz (Arindam Sinha,J.) (Dr. Y.K. Srivastava,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad