Sabha Kausar Siddiqui vs State Of U.P. & Others
2011 Latest Caselaw 4130 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 48635 of 2011
 

 
Petitioner :- Sabha Kausar Siddiqui
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Pradeep Verma
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner has challenged the appointment of respondent no. 5 Smt. Shivani Singh on the ground that the B.P.L. certificate issued to her was not correct inasmuch as she had an agricultural land and her husband is running a fair price shop. The petitioner approached this Court by way of writ petition. This Court has directed the District Magistrate to consider the grievance of the petitioner. The District Magistrate, Jaunpur by the  impugned order dated 28.1.2011 has rejected the plea of the petitioner and upheld the appointment of Smt. Shivani Singh as valid.

Learned counsel for the petitioner submitted that in pursuance of the order of this Court, the Sub Divisional Magistrate, Madiyahun, District Jaunpur was making an enquiry about the income of Smt. Shivani Singh and issued a letter dated 20.4.2011 to the petitioner. When the enquiry is pending before the Sub Divisional Magistrate, Madiyahun, District Jaunpur, how the impugned order has been passed by the District Magistrate, Jaunpur on 28.1.2011. He further submitted that the impugned order has been passed without giving opportunity of hearing to the petitioner.

Let the learned Standing Counsel may produce the records of the District Magistrate, Jaunpur as well as the Sub Divisional Magistrate, Madiyahun, District Jaunpur on 1.9.2011.

Put up on 1.9.2011 as fresh.

Order Date :- 25.8.2011

OP