Remanded

Shakuntala W/O. Late Vishvanath Vastrad v. the Director

Karnataka HC8 Nov 2023WP/78248/2013

Case brief

AI extract

What is this about?

Writ petition challenging an order cancelling a residential certificate issued to the petitioner for employment as an Anganwadi worker. The High Court set aside the order due to lack of valid reasons and proper enquiry, remanding the matter for a fresh hearing and detailed investigation.

What did the court decide?

Impugned order dated 20.05.2013 set aside; matter remanded to Respondent No.4 for detailed enquiry and fresh hearing.

Shakuntala W/O. Late Vishvanath Vastrad Vs the… — Writ and Judicial Review | Karnataka HC (2023)

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NC: 2023:KHC-D:13052 WP No. 78248 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 78248 OF 2013 (GM-RES)

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BETWEEN:

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SMT. SHAKUNTALA W/O. LATE VISHVANATH VASTRAD, AGE: 36 YEARS, R/O. KUDARIMOTHI VILLAGE, TQ: YELBURGA, DIST: KOPPAL.

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…PETITIONER

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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(BY SRI DEEPAK C. MAGANUR, ADVOCATE)

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AND:

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THE DIRECTOR , WOMAN & CHILD DEVELOPMENT DEPARTMENT, M.S. BUILDING, BANGALORE.

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THE DEPUTY DIRECTOR, WOMAN & CHILD DEVELOPMENT DEPARTMENT, KOPPAL, DIST: KOPPAL.

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2 - NC: 2023:KHC-D:13052 WP No. 78248 of 2013

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THE CHILD DEVELOPMENT PLANNING OFFICER, (CDPO) WOMAN & CHILD DEVELOPMENT DEPARTMENT, YELBURGA, DIST: KOPPAL.

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THE GRADE -2 TAHASILDAR, YELBURGA, DIST: KOPPAL.

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KUMARI NARASAMMA D/O. KANTEPPA HUCHCHALAKUNTI, AGE: 27 YEARS, OCC: HOUSEHOLD, R/O. KUDARIMOTI VILLAGE, TQ: YELBURGA, DIST: KOPPAL.

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…RESPONDENTS

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(BY SRI PRAVEEN UPPAR, GA FOR R1-R4; SRI ANOOP G. DESHPANDE, ADV. FOR R5 (ABSENT))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 20.05.2013 PASSED IN NO.SANKIRNA/02/2013/137, BY THE 4^TH RESPONDENT PRODUCED AS ANNEXURE-K.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC-D:13052 WP No. 78248 of 2013

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ORDER

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The petitioner was issued a residential certificate showing her place of residence as Kudarimothi Village, Yelburga Taluk. She made an application for being appointed as Anganwadi worker. At that time, some of the villagers objected to her name being considered on the ground that she was not a resident of Kudarimothi Village. Based on the said complaints, the residential certificate issued to her on 12.09.2012 has been cancelled by way of impugned order dated 20.05.2013 passed by respondent No.4 vide Annexure – K to the writ petition. Aggrieved by the same the present writ petition is filed with a prayer to set aside the impugned order at Annexure – K to the writ petition.

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The learned AGA submits that the native place of the petitioner is Kudarimothi, but upon marriage she shifted to Arenahalli and for that reason, her residential certificate has been sought has to be cancelled, though no specific reason is assigned in the said residential certificate.

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The advocate for the petitioner submits that the native place of the petitioner is Kudarimothi and she was

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4 - NC: 2023:KHC-D:13052 WP No. 78248 of 2013

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married to a person who is a native of Arenahalli, but he died on 15.08.2009 and thereafter the petitioner is residing in Kudarimothi and without making proper enquiry and without assigning any valid reason, the impugned endorsement is issued cancelling her residential certificate and prays for allowing the writ petition.

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Admittedly, no valid reason is forthcoming from the impugned order as to why the authorities have concluded that the petitioner is not a resident of Kudarimothi village. It merely states that based upon statements of some persons recorded, it has been concluded that she is not a resident of Kudarimothi Village. As no valid reason is forthcoming, the same is set aside. Hence the following:

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ORDER

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(i) The impugned order dated 20.05.2013 bearing No.02/2013/137 vide Annexure – K to the writ petition is hereby set aside.

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(ii) The matter stands remanded back to the respondent No.4 to give another opportunity of hearing to the petitioner and make a detailed enquiry as to the residence of the

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NC: 2023:KHC-D:13052 WP No. 78248 of 2013

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petitioner and take a decision as to cancel her residential certificate or not.

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(iii) Petitioner shall appear before the respondent No.4 on 13.12.2023 without any further notice.

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Sd/JUDGE

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RSH / Ct-mck List No.: 1 Sl No.: 33

Shakuntala W/O. Late Vishvanath Vastrad v. the Director

Case brief

What is this about?

What did the court decide?

Shakuntala W/O. Late Vishvanath Vastrad v. the Director

Case brief

What is this about?

What did the court decide?

What the court decided

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