Smt Lalita Rani Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Smt Lalita Rani Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 9.5.2025 set aside; Sub-Divisional Magistrate, Dhampur, District Bijnor directed to reconsider the matter and pass a fresh order in accordance with law after affording an opportunity of hearing to the petitioner's husband Sri Dinesh Kumar within one month from supply of certified copy of the order.

Issue for consideration

Whether the order dated 9.5.2025 cancelling the income certificate, passed without affording an opportunity of hearing and without supplying the inquiry report, is vitiated by violation of the principles of natural justice.

Court's answer

The impugned order dated 9.5.2025 cancelling the income certificate was passed in gross violation of the principles of natural justice, no opportunity of hearing having been afforded to the petitioner's husband and the inquiry report not having been provided to him.

Ratio / Principle

The impugned order dated 9.5.2025 is set aside and the Sub-Divisional Magistrate, Dhampur, District Bijnor is directed to reconsider the matter and pass a fresh order in accordance with law after affording an opportunity of hearing to the petitioner's husband Sri Dinesh Kumar, son of Sri Om Prakash, within one month from supply of the certified copy of the order.

Detailed headnote1 paragraphs

Natural justice — Cancellation by Sub-Divisional Magistrate, Dhampur, Bijnor (order dated 09.05.2025) of income certificate dated 6.4.2024 issued to petitioner's husband showing annual income of Rs. 42,000/- — No opportunity of hearing afforded to the certificate holder prior to passing of the order and inquiry report on which the order was based not supplied — Held, impugned order passed in gross violation of principles of natural justice — Impugned order set aside; writ petition disposed of with direction to the Sub-Divisional Magistrate to reconsider and pass a fresh order in accordance with law after affording opportunity of hearing within one month from supply of certified copy. (Allahabad High Court, WRIT - C No. 33232 of 2025, decided October 13, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33232 of 2025

Smt Lalita Rani

		.....Petitioner(s)
	Versus
State Of U.P. And 5 Others	...	..Respondent(s)
Counsel for Petitioner(s)	: Mahendra Kumar Rastogi	Maurya, Vicky
Counsel for Respondent(s)	: C.S.C.
Court No.- 40

HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

The present writ petition has been filed challenging therein, the order dated 09.05.2025 passed by the Sub-Divisional Magistrate, Dhampur, Bijnor by means of which the income certificate 6.4.2024 of the husband of the petitioner, Sri Dinesh Kumar son of Sri Om Prakash has been cancelled.

Learned counsel for the petitioner submitted that the income certificate was issued to the husband of the petitioner Sri Dinesh Kumar son of Sri Om Prakash by the competent officer/Tehsildar Dhampur showing the annual income as Rs. 42,000/-. It is on the basis of the said income certificate that the petitioner had applied on the post of Anganwadi Karyakarti in the year 2024. Subsequently, by means of the impugned order dated 9.5.2025 the aforesaid income certificate dated 6.4.2024 has been cancelled.

On perusal of the impugned order it is revealed that no opportunity of hearing was afforded to the husband of the petitioner, Sri Dinesh Kumar prior to passing of the order and the inquiry report on the basis of which the impugned order has been issued was also not provided to the husband of the petitioner.

WRIC No. 33232 of 2025

2

Hence, it is evident that the impugned order dated 9.5.2025 has been passed in gross violation of principles of natural justice.

Under the circumstances, the impugned order dated 9.5.2025 morefully annexed as Annexure No.5 to the writ petition is set aside and the writ petition is disposed of with a direction to the Sub-Divisional Magistrate, Dhampur, District Bijnor to reconsider the matter and to pass a fresh order in accordance with law after affording an opportunity of hearing to the husband of the petitioner Sri Dinesh Kumar, son of Sri Om Prakash within a period of one month from the date the certified copy of this order is supplied to the Sub-Divisional Magistrate, Dhampur, District Bijnor.

October 13, 2025 Gaurav

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad