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2025 DAILYLAW 87129 (ALL)

NIKITA KUMARI v. STATE OF U.P. AND 4 OTHERS

WRIC/28987/2025 · 2025-09-07

Prashant Kumar, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28987 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE PRASHANT KUMAR, J. 1. Mr. Ashim Mukharji, learned advocate Standing Counsel appears on behalf of State and hands up his instruction dated 1st September, 2025. He submits, the cancellation of petitioner's income certificate was because she had submitted forged documents. Mr. Satya Prakash Shukla, learned advocate appears on behalf of petitioner and reiterates, no opportunity of hearing was given. 2. We reproduce below paragraph 1 from our order dated 25th August, 2025. "1. Mr. Satya Prakash Shukla, learned advocate appears on behalf of petitioner and submits, under challenge is communication dated 27th May, 2025 cancelling his client's income certificate. He submits, it was done without giving opportunity of hearing as stated in paragraph 22, is reproduced below. "22. That the impugned order cancelling the income certificate of the petitioner is illegal and arbitrary as the same has been passed without providing any opportunity of hearing and without seeking any explanation from the petitioner." He seeks interference." On query, Mr. Mukharji has not been able to demonstrate petitioner was given opportunity of hearing on cancellation of her income certificate. Considering it stood issued to her, she was entitled to be heard. Versus Counsel for Petitioner(s) : Satya Prakash Shukla Counsel for Respondent(s) : C.S.C. Nikita Kumari .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 3. Impugned cancellation order dated 27th May, 2025 is set aside and quashed. This will not prevent the authority from passing fresh order but upon hearing petitioner. 4. The writ petition is disposed of. (Arindam Sinha,J.) , (Prashant Kumar,J.) September 8, 2025 Bhanu WRIC No. 28987 of 2025 2 Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad