MEENA KUMARI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has come up before this Court at the instance of Smt. Meena Kumari Sharma wife of Sri Virendra Kumar Sharma assailing the order dated 29.04.2010 passed by District Magistrate, Bulandshahar cancelling certificate of residence dated 18.12.2007 issued in favour of petitioner whereby she was verified to be the resident of Village Palibegpur, Post Sarai Chhabila, District Bulandshahar; and the appellate order dated 12.09.2011 passed by Commissioner, Meerut Region, Meerut dismissing petitioner's appeal.

(2.) It appears that petitioner was married to Sri Virendra Kumar Sharma who is having his business of electronics in Delhi and is residing at Flat No. 10/1943, Street No. 9 Rajgarh Extension Gandhi Nagar, Delhi. The Indian Oil Corporation (hereinafter referred to as the "IOC") invited applications for appointing/allotting retail outlet of petrol pump under Kisan Sewa Scheme sometimes in the year 2007. The interview was held by IOC on 26.02.2009. There were four applicants but three of them were found ineligible/unqualified. The only remaining candidate, i.e., the petitioner thus was selected whereafter her documents were sent for verification to District authorities. The District Magistrate, Bulandshahar on verification found the residence certificate dated 18.12.2007 having been obtained fraudulently and thus cancelled it by order dated 01.09.2009. This order was challenged in Writ Petition No. 24 of 2010. This Court found that before passing the aforesaid order no opportunity at all was afforded to petitioner. The writ petition was accordingly allowed on 11.01.2010 and the District Magistrate was permitted to pass fresh order after giving opportunity of hearing to petitioner. It is pursuant thereto the impugned orders have been passed.

(3.) It is contended on behalf of petitioner that she was born in Village Palibegpur, Post Sarai Chhabila, District Bulandshahar. Her father late Sri Hari Prasad Sharma had died long back, i.e., in the childhood of petitioner. She studied upto Intermediate and thereafter was married to Sri Virendra Kumar Sharma who was resident of Village Shyampur, Tehsil Hapur, District Ghaziabad. Her husband setup an electronic business in Delhi and purchased a flat at Rajgarh Extension Gandhi Nagar, Delhi. However, the petitioner did not stay with her husband for strained relations with him and the in-laws and she alongwith children continued to live at Village Palibegpur even after marriage. The petitioner's son Samarath Sharma is studying in Class-IV in Primary School Palibegpur, Block Lakhwati, District Bulandshahar and her daughter namely, Kumar Shruti is studying in Class VIII of Uchch Prathamik Vidyalaya, Palibegpur. A Ration Card was issued to petitioner by Village Development Officer, Block Lakhwati, District Bulandshahar in the year 2005 and name of petitioner's husband is mentioned in the Master Register at Serial No. 251. In the Panchayat Electoral Roll of District Bulandshahar of 2004 and 2009 elections, the name of petitioner alongwith her husband has been included. Petitioner's husband has purchased a land in Village Jadaul, Tehsil Syana, District Bulandshahar vide sale deed dated 03.04.2007 after obtaining permission vide order dated 07.03.2007 from District Magistrate, Bulandshahar under Section 157-A of U.P. Z.A. & L.R. Act, 1950. Besides above, petitioner was also issued a driving licence on 01.09.2007 by licensing authority at Bulandshahar showing her address at Village Palibegpur, District Bulandshahar. It is thus contended that there was ample evidence to demonstrate petitioner's residence at District Bulandshahar yet on the basis of occupation/residence of petitioner's husband at Delhi, her certificate of residence has been cancelled by authorities in a wholly illegal and arbitrary manner.