This writ petition challenged the cancellation of an income certificate issued to the petitioner. The court held that the Tahsildar's order finding the certificate incorrect petition was accordingly dismissed.
The writ petition is dismissed.
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Chief Justice's Court
Case :- WRIT - C No. - 9560 of 2011
Petitioner :- Smt. Neelam Devi Respondent :- State Of U.P. And Others Counsel for Petitioner :- Vikas Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ has been preferred challenging the order dated 2.2.2011 passed by Tahsildar Rudrapur whereby the income certificate issued in favour of petitioner Smt Neelam Devi has been cancelled.
It would appear that the Tahsildar, after examining all relevant facts, arrived at the conclusion that the petitioner was the wife of Dharam Kuber whose father was a retired Government Servant and that he was having adequate monthly income and was also running a provision shop.
From a perusal of the averments contained in the petition, it is revealed that the sole case of the petitioner is that her husband Dharam Kuber is having a Below Poverty Line Card and therefore, no reason exists to deny her the benefits flowing from the same.
We do not find any merit in the ground aforesaid. It is the case of the petitioner that she and her husband are not residing with the father of of Dharam Kuber who is admittedly a retired Government Servant and is also running a provision store. The income certificate dated 3rd July 2010 whereby her income was found to be less than Rs 1500/- per month, was found to be incorrect.
In view of the above, we do not find any wrong with the impugned order and the petition is accordingly dismissed.
Date: 27.2.2019
MH
(Saurabh Shyam Shamshery,J.) (Govind Mathur,Chief Justice)
3 issues framed by the court
Whether the cancellation of the petitioner's income certificate by the Tahsildar was legally sustainable given her husband's declaration of BPL status.
Whether the petitioner was entitled to the benefits flowing from the Below Poverty Line Card.
Whether the impugned order dismissing the petitioner's petition should be modified.
Neelam Devi
State Of U.P. And Others
Govind Mathur
Saurabh Shyam Shamshery
As recorded by the court registry
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