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2010 DIGILAW 1299 (ALL)

SEEMA DEVI v. STATE OF U. P.

2010-04-22

JAYASHREE TIWARI, R.K.AGRAWAL

body2010
JUDGMENT By the Court.—Heard learned counsel for the parties. 2. The cause for delay in filing the appeal has sufficiently been explained in the affidavit filed in support of the delay condonation application. The delay is condoned and the application is allowed. The appeal be treated having been within limitation. 3. The present special appeal has been filed against the judgment and order dated 16.4.2009 passed by the learned Single Judge, whereby the Writ Petition preferred by the appellant has been dismissed. Before the learned Single Judge, the case set up by the appellant was that the appointment of respondent No. 7, Smt. Pushpa Devi on the post of Anganbari Karyakarti in village Chhapri has been obtained on the basis of a forged domicile certificate, and therefore, she could not have been appointed. 4. In the counter-affidavit filed by State, a report of the Tehsildar, Jakhaniya was placed, in which, it has been stated that Smt. Pushpa Devi alongwith her husband Sri Paras Nath are residing with the Maternal Grandfather and Grandmother of her husband for the last six years and their names have also been entered into in the Voter Identity Card, Parivar Register, Voter List and Ration Card. 5. In view of these facts, the learned Single Judge has drawn the conclusion and rightly that Smt. Pushpa Devi has the domicile certificate of the Chhapri village. The case set up by the appellant has no force and the learned Single Judge has rightly dismissed the writ petition. 6. The Special Appeal fails and is dismissed. ————