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Allahabad High Court · body

2016 DIGILAW 1608 (ALL)

Desh Raj Singh v. State of U. P.

2016-04-28

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The grievance of the petitioner appears to be that applications were submitted on 2 June 2014 for obtaining domicile and income certificates for himself, his daughter Kumari Richa Singh and son Rishi Raj Singh at the Lokvani Kendra, Civil Lines, Mathura. The applications were rejected by the Tehsildar on the ground that the family of the petitioner does not reside in the village. On 10 November 2014, five applications were moved for the grant of domicile, caste and income certificates. Of them, four were rejected on the same ground but a caste certificate was issued in the name of the son of the petitioner on 29 November 2014. Aggrieved, the petitioner filed a writ petition (Writ Petition No. 57199 of 2015) upon which this Court directed that a reasoned decision be taken by the Collector and District Magistrate. The District Magistrate in his order dated 19 January 2016 has observed that though applications had earlier been rejected on the ground that the family did not reside in the village, it has been found on fresh applications being submitted that the applicants were entitled to income and caste certificates which had been issued in the name of the son of the petitioner. The Tehsildar has said that no further application is pending. The basic grievance of the petitioner is in regard to the rejection of the domicile certificate. 2. We note that under the Uttar Pradesh Janhit Guarantee Adhiniyam 2011, the rejection of a domicile certificate is subject to a further remedy which is provided before the District Magistrate. 3. We, accordingly, permit the petitioner to move the District Magistrate afresh in respect of his grievance in regard to the rejection of the domicile certificate which shall be duly considered by the District Magistrate as the appellate authority in terms of the notification issued on 15 January 2011 under Section 3 of the aforesaid Adhiniyam. This exercise shall be completed preferably within a period of two months of the receipt of a certified copy of this order. The petition is, accordingly, disposed of. There shall be no order as to costs.