Sangeeta Yadav vs State Of U.P. And Others
2011 Latest Caselaw 4279 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 49889 of 2011
 

 
Petitioner :- Sangeeta Yadav
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Ramesh Upadhyay,Om Prakash Tripathi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a widow. She was appointed as Aaganwadi Karyakatri. The claim of the petitioner is that after the death of her husband she is residing at Village & Post Mataulipur, Block Pelhani, Tehsil-Sadar, District Azamgarh along with her parents. The Gram Pradhan has illegally cancelled her earlier certificate. Thereafter, on the direction of Child Development Programme Officer, an enquiry was conducted by the Sector Officer and the same has been submitted to the Khand Vikas Adhikari in which it has been certified that she is residing at Village and P.O. Mataulipur, Block Palhani, Tehsil Sadar, Azamgarh. The petitioner moved an application before the A.D.M., Azamgarh for the issue of domicile certificate on which on 21.6.2011 he has ordered the S.D.M to issue the domicile certificate in accordance to law. Despite the direction of the A.D.M., the S.D.M. has not issued the domicile certificate. The petitioner approached this Court by way of Writ Petition No. 42529 of 2011. This Court disposed of the aforesaid writ petition vide order dated 29.7.2011 wherein the Court has recorded a finding that in an enquiry report it has been certified that she is residing at Village and P.O. Mataulipur, Block Palhani, Tehsil Sadar, Azamgarh along with her parents after the death of her husband and the S.D.M. has been directed to issue the domicile certificate. By the impugned order, the S.D.M. has rejected the application dated 4.8.2011. In the impugned order, the S.D.M. has only observed that in the Pariwar Register of her in-laws, the name of the petitioner is mentioned, completely ignoring the inquiry report conducted by the Sector Officer submitted to the Khand Vikas Adhikari and the direction of the A.D.M. to S.D.M. to issue the domicile certificate.

The Court is of the view that the order of the S.D.M. appears to be unjustified.

Learned Standing Counsel may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Until further orders, the operation of the order dated 18.8.2011 and the further order dated 14.7.2011, Annexure-9 to the writ petition, shall remain stayed.

Order Date :- 1.9.2011

OP