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2019 DIGILAW 551 (HP)

Vandana Kumari v. State of H. P.

2019-05-02

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR

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JUDGMENT : Dharam Chand Chaudhary, J. In this writ petition order dated 7.6.2017 passed by learned Deputy Commissioner (Appellate Authority under the scheme for appointment of Anganwari worker/Anganwari helper), is under challenge. The petitioner herein was appellant before learned Appellate Authority below. She is aggrieved by the appointment of respondent No.7 as Anganwari worker in Anganwari centre, Kashmela, Tehsil Baldwara, District Mandi, H.P. 2. The challenge to the impugned order is on the grounds inter-alia that the income of respondent No.7 was beyond the income prescribed under the scheme and that she was meritorious as compared to the private respondent. Without commenting upon the authenticity and genuineness of income certificate issued in favour of the private respondent, we find that as per provisions contained in 'The Himachal Pradesh Land Records Manual, the competent authority to issue the income certificate is Tehsildar. The procedure for cancellation of the income certificate has been provided under para 28.11 of the manual which reads as follows:- “28.11 If it is found during inquiry or otherwise, that any information given by the applicant is wrong, the certificate issuing authority shall cancel the certificate after passing a speaking order in this behalf and initiate proceedings against the delinquent under the law. In such a situation, the certificate earlier issued will be replaced by a copy of the cancelled certificate in the electronic record.” 3. Therefore, when the income certificate Annexure R-7/C to the reply filed on behalf of respondent No.7 has been issued by the Executive Magistrate (Tehsildar) Baldwara, District Mandi, therefore, it is the said authority alone competent to look into the question of genuineness and authenticity thereof. Learned Appellate Authority, therefore, should have sought the report from the Executive Magistrate, Baldwara. So far as the correctness of the income certificate issued in favour of respondent No.7, it is even held so by a Division Bench of this Court in CWP No. 1096 of 2010 titled Raksha Devi v. State of H.P. and others and its connected matters, decided on 17th May, 2010, that where a dispute qua the genuineness and authenticity of the income certificate is involved in an appeal, the same should be got duly processed by the authority competent to cancel the same. Not only this, but the party aggrieved by the cancellation of the certificate has also the remedy to assail the same before the Appellate Authority which in the given facts and circumstances of this case would be Sub Divisional Officer (Civil), Sarkaghat, District Mandi, H.P. For the sake of convenience para 28.1 of the Land Records Manual is reproduced here as under:- “28.1 The Tehsildar/Naib Tehsildar Mohal, Sub-Divisional Officer (c), Additional District Magistrate/Additional Deputy Commissioner and Deputy Commissioner concerned shall be the competent authorities to issue all kinds of certificates within their respective jurisdictions. The next higher officer in the official hierarchy shall be the appellate authority for adjudication upon refusal of an officer competent to issue the certificate for issuing a certificate or in case any person is aggrieved about issuance of a certificate to another person.” 4. The Appellate Authority under the scheme under these circumstances has committed illegality while passing the impugned order. Therefore, though, there is no merit in the writ petition and the same is accordingly disposed of, leaving it open to the petitioner to approach the Executive Magistrate (Tehsildar), Baldwara, District Mandi, H.P., in case she is aggrieved by the issuance of income certificate Annexure R-7/C in favour of respondent No.7 for its cancellation. In the event of income certificate is cancelled by the competent authority and also the Appellate Authority, not only the petitioner but the private respondent shall also have the right to resort to the legal remedy available to them in accordance with law. Pending application (s), if any, shall also stand disposed of.