Sushri Afroz B vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Sushri Afroz B vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without entering into merits; petitioner permitted to submit a fresh representation with a certified copy of the order before respondent no.3-Sub Divisional Magistrate, Faridpur, District Bareilly within three weeks; respondent no.3 to consider and decide it by a reasoned and speaking order expeditiously, preferably within one month thereafter.

Issue for consideration

Whether an appropriate direction should be issued to respondent no.3 to consider the petitioner's grievance regarding issuance of the income certificate, given that the petitioner's fresh defect-free application had drawn no response.

Court's answer

Without going into the merits, the writ petition is disposed of permitting the petitioner to submit a fresh representation, along with a certified copy of this order, before respondent no.3, Sub Divisional Magistrate, Faridpur, District Bareilly, ventilating their grievance.

Ratio / Principle

In case any such representation is filed, respondent no.3 shall consider and decide it by a reasoned and speaking order expeditiously, preferably within a period of one month thereafter.

Key takeaways

The fresh representation must be submitted within three weeks from the date of the order.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saral Srivastava and Sudhanshu Chauhan, JJ.), WRIT - C No. 40951 of 2025, decided November 21, 2025: Sushri Afroz B, aggrieved by the respondents' rejection of their income-certificate application on grounds of defects in the application — despite having filed a fresh defect-free application on which no action had been taken — obtained disposal of the writ petition without adjudication of merits. The petitioner was permitted to submit a fresh representation, with a certified copy of the order, before respondent no.3, Sub Divisional Magistrate, Faridpur, District Bareilly, within three weeks; the Sub Divisional Magistrate was directed to consider and decide it by a reasoned and speaking order expeditiously, preferably within one month thereafter. No statute or precedent case is cited or engaged in the judgment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 40951 of 2025

Sushri Afroz B

	.....Petitioner(s)
	Versus
State Of U.P. And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Shashi Kant Upadhyay, Vinay Bhushan Upadhyay
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 respondents.

The petitioner being aggrieved by the action of the respondent in rejecting the application of the petitioner for issuance of income certificate on the ground that there were some defects in the application, has preferred the present writ petition.

Learned counsel for the petitioner submits that he has already filed fresh application before the respondent authority for issuance of income certificate removing all the defects, but no action has been taken on the same.

Learned Standing Counsel submits that no useful would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.3 to consider the grievance of the petitioner.

In such view of the fact, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed off permitting the petitioner to submit a fresh representation before the respondent no.3-Sub Divisional Magistrate, Faridpur, District Bareilly along with a certified copy of this order ventilating his grievance within a

WRIC No. 40951 of 2025

2

period of three weeks from today. In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same by a reasoned and speaking order expeditiously preferably within a period of one month thereafter.

November 21, 2025 NS (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad