Laxmi Devi and Another v. State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Revenue Deptt. and 4 Others

Allahabad HC19 Sept 2024WRIC/7379/2024

Case brief

AI extract

What is this about?

Petitioners allege a respondent obtained a fraudulent EWS certificate by falsely claiming to be the second wife of petitioner no.2's father. Court directs petitioners to amend the petition to challenge the Tehsildar's report and asks Standing Counsel to ascertain available statutory remedies; matter listed fresh.

What the court decided

AI extract

Laxmi Devi and Another vs State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Revenue Deptt. and 4 Others — Allahabad HC (2024) — LawSathi Research

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Court No. - 3 Case :- WRIT - C No. - 7379 of 2024 Petitioner :- Laxmi Devi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Revenue Deptt. And 4 Others Counsel for Petitioner :- Kunwar Bahadur Singh Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioners and learned Standing Counsel for the respondents.

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This writ petition has been filed for the following main prayer:-

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" (i). issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to inquire the matter with respect to forged economic weaker section (EWS) certificate obtained by the opposite party no.5 from the office of Tehsildar, Bhinga, Shrawasti on the basis of forge and fabricated documents, taking the benefit of same name of petitioner's real mother Laxmi Devi, wife of Ram Niwas i.e. petitioner no.1 and cancel the forge EWS certificate of opposite party no.5 and take action against her in accordance with law."

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In view of the order proposed to be passed, notice to respondent no.5 is dispensed with.

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It is the case of the petitioners that respondent no. 5 has obtained a fraudulent Economic Weaker Section (EWS) certificate claiming that she is second wife of father of petitioner no. 2 whereas the petitioner no.1 is the actual wife of Ram Niwas and she is alive and has not been divorced by Ram Niwas.

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A complaint was filed by the petitioner no.2 on IGRS Jan Sunwai Portal having Reference No.40018123004555 on which a report had been submitted by the Area Lekhpal dated 28.06.2023 saying that the complaint is frivolous. On the basis of such report, the Tehsildar has also submitted a report for rejection of the complaint.

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The petitioners have not challenged the

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endorsement made by the Tehsildar on the report of Area Lekhpal. The petitioner shall file an amendment application challenging the report of Area Lekhpal and the endorsement made thereon by the Tehsildar within a week.

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Learned Standing Counsel appearing for the respondents shall seek instructions from the respondents as to whether any statutory remedy is available for a person who challenges fradulent EWS certificate having been issued.

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List this matter on 11.09.2024 as fresh.

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Order Date :- 29.8.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Laxmi Devi and Another v. State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Revenue Deptt. and 4 Others

Case brief

What is this about?

What the court decided

Laxmi Devi and Another v. State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Revenue Deptt. and 4 Others

Case brief

What is this about?

What the court decided

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