MAMTA DEVI Vs. STATE OF U P THRU SECY AND OTHERS
LAWS(ALL)-2017-12-125
HIGH COURT OF ALLAHABAD
Decided on December 08,2017

MAMTA DEVI Appellant
VERSUS
STATE OF U P THRU SECY AND OTHERS Respondents

JUDGEMENT

Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 01.08.2012 passed by the District Magistrate, Chandauli rejecting the appeal filed by the petitioner under section 6 of the Uttar Pradesh Janhit Guarantee Act, 2011 and the order passed by the Sub Divisional Magistrate, Chakia, district Chandauli dated 27.12.2010, by which he has cancelled the Domicile Certificate issued by the petitioner dated 30.06.2010 by the Sub Divisional Magistrate for Village Hariya Bandh, Post Office Shamsherpur, Tehsil Chakia, District Chandauli.
(2.) It has been argued by the learned counsel for the petitioner that the petitioner's husband was originally resident of village Bhawanipur Tehsil Robertsganj, district Sonbhadra. Later on the husband of the petitioner purchased Arazi No. 78 measuring 0.250 hectare in village Hariya Bandh by a sale deed dated 01.07.2002. The petitioner and her husband after constructing a house in the village are residing in village Hariya Bandh. The petitioner applied for and issued Domicile Certificate on 30.06.2010 showing her Domicile as village Hariya Bandh. The petitioner's husband also got his name expunged from Pariwar Register of village Bhawanipur, Tehsil Robertsganj, district Sonbhadra. The name of husband of the petitioner is also recorded in the khatauni of village Hariya Bandh in terms of the sale deed dated 01.07.2002 and also in the Kisan Bahi and the voter list of village Hariya Bandh.
(3.) On 12.08.2010, the petitioner was selected for the post of Anganbadi Karyakarti by Gram Sabha Chuppepur. Thereafter some complaints were made, which were enquired into and a report dated 03.02.2011 was submitted by the Tehsildar showing the petitioner to be resident of village Hariya Bandh. This report dated 03.02.2011 has been filed as annexure 9 to the writ petition.;


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