Smt. Usha Rani Gularia vs State of H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed mainly with the following prayers:

a) That Writ of Certiorari may be issued for quashing and setting aside the impugned order dated 19.10.2011 Annexure P-13 passed by gthe Ld. Deputy Commissioner, Hamirpur, H.P.

b) That Writ of Mandamus may be issued directing the Respondents to allow the petitioner to perform her duties as Anganwadi Workers at Bhadhroon, P.O. Dhaneta, Tehsil Nadaun, District Hamirpur, H.P.

Though the learned Counsel for the petitioner has taken several grounds in the writ petition, we do not think it necessary to refer to all those contentions nor do we think it necessary that those contentions be addressed after issuing notice to the fourth respondent. The decision rests on the income as assessed by the Tehsildar, though, that Authority is not a party to the writ petition. Be that as it may. As rightly pointed out by the learned Deputy Advocate General, once an income certificate has been issued by the Tehsildar, unless that certificate is duly modified, verified or considered by the Appellate Authority, namely, the SDM, the Deputy Commissioner or the Divisional Commissioner cannot take a different view. Therefore, the whole thing depends on the income certificate. In the above circumstances, this writ petition is disposed of as follows.

The petitioner may file an appeal against the income as assessed by the Tehsildar before the SDM within two weeks from today, in which case, the same shall be treated to be filed in time. Thereafter, the SDM shall consider the appeal with notice to the petitioner and the fourth respondent and pass appropriate orders in accordance with law within another one month. Till the orders, as above, are passed and subject to the orders passed by the Tehsildar, in case the petitioner has been continuing, the said arrangement shall continue till such time.

The writ petition is disposed of as above, so also the pending application(s), if any.