Smt. Ram Ji vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 19642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 8622 of 2022
 

 
Petitioner :- Smt. Ram Ji
 
Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj, U.P. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Pradeep Kumar Tripathi,Aditya Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and learned State Counsel.

Under challenge in this petition is an order dated 16.11.2022 passed by the Sub Divisional Officer, Nawabganj, Barabanki whereby domicile certificate issued to the petitioner has been cancelled.

Learned State Counsel has drawn our attention to the provisions contained in Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 and has also relied upon a judgment of a Division Bench of this Court dated 20.04.2016 passed in the case of Smt. Laxmi Tiwari vs. State of U.P. and others (Misc. Bench No.8288 of 2016) and has submitted that against the impugned order an appeal before the appellate authority, as specified in the notification dated 15.01.2011 issued under section 3 of the said Act, is available.

In view of the aforesaid legal position and having regard to the fact that statutory remedy of appeal available to the petitioner, we dispose of this petition with liberty to the petitioner to approach the appellate authority and file an appeal against the order passed by the Sub Divisional Officer. In case any such appeal is preferred, the same shall be considered and decided by the appellate authority on merits, expeditiously, say within a period of two months from the date such an appeal is filed.

Order Date :- 2.12.2022

akhilesh/