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Arati Maurya v. State Of U.P. And Others - WRIT - A No. 19121 of 2007  RD-AH 6495 (10 April 2007)
Court No. 39
Civil Misc. Writ Petition No. 19121 of 2007
State of U.P. and others.
Hon'ble V.K. Shukla,J.
Petitioner has approached this court questioning the validity of the decision dated 16.1.12007 and 26.2.2007, by means of which Smt. Bindu Devi has been accepted to be the resident of Gram Panchayat Kushan, on the basis of which, she has been offered appointment as Shiksha Mitra, as her merit percentage is much higher qua merit of petitioner.
Sri M. P. Singh, learned counsel for the petitioner contended with vehemence that in the present case, on 1.9.2006, Sub Divisional Magistrate, Badlapur has submitted his report that Smt. Bindu Devi is resident of Gram Panchayat Mullupur and thereafter, same has been changed on 16.1.2007 and District Magistrate, Jaunpur has erred in law in placing reliance on the said report, as such impugned orders are liable to be quashed.
Sri P.D. Tripathi, learned Standing Counsel on the other hand contended that categorical finding of fact has been returned qua residence of Smt. Bindu Devi and as such no interference is required.
After respective arguments have been advanced, undisputed factual position, which is emerging is that dispute has been raised in respect of residence of Smt. Bindu Devi. Sub Divisional Magistrate, Badlapur on 1.9.2006 , after taking note of the report of Naib Tehsildar that Smt. Bindu Devi at the said point of time was staying at Gram Panchayat Kushan and prior to it she has been staying with her husband at Gram Panchayat Mullupur, cancelled the residence certiicate. Subsequent to the same again inquiry was got conducted and wherein it has been accepted that Smt. Bindu Devi is staying at Village Kushan. Naib Tehsildar, Badlapur in report dated 28.6.2006 mentioned that residence of Smt. Bindu Devi falls in both Gram Panchayat i.e. Villege Kushaha and Village Mullupur. It further stated that on account of some family dispute, she has shifted at village Kushan Sub Divisional Msagistrate , at no point of time objectively considered the report, and proceed to cancel the residence certificate. Thereafter again report has been calle3d for, andfresh report has been submitted on 26.12.2006. Categorical finding of fact had been recorded mentioning therein that 85% portion of residence of Smt. Bindu Devi falls within the ambit of village Kushan and 15% portion falls within the ambit of village Mullupur and background has been made that she is resident of village Kushan. Once this is findings of fact and the reports mention that Smt. Bindu Devi has been residing at village Kushan, then there is no error in the opinion of the Sub Divisional Magistrate, Badlapur and District Magistrate, Jaunpur and as merit status of Smt. Bindu Devi is 65.5 and merit status of Aarti Devi is 60.47, as such there is no infirmity in the decision, which has been taken by the authority concerned.
Consequently, writ petition lacks substance and same is dismissed.
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