LAWS(ALL)-2011-1-126

RAGUVEER BAHADUR SINHA Vs. DISTRICT MAGISTRATE FAIZABAD

Decided On January 13, 2011
RAGHUVEER BAHADUR SINHA Appellant
V/S
DISTRICT MAGISTRATE FAIZABAD Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the learned Standing counsel.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed on account of refusal of District Magistrate Faizabad to issue a status certificate to the Petitioner to obtain contract from the Government department. Certificate has been refused by the District Magistrate on the ground that Petitioner resides in village, in a house constructed over the abadi land. In the said house, Petitioner is residing alongwith other family members and being joint family in case status certificate is issued it shall not be easy to recover the dues and in the event of failure on the part of Petitioner to pay the dues, recovery of the same by auctioning of the property. Tehsildar, Raunahi was appeared on earlier date and stated that the Petitioner is residing in his own ancestral house alongwith other family members. It has been admitted by Tehsildar that in the village almost every house is situated in abadi land and is in occupation from one generation to other.

(3.) Accordingly the question cropped up as to whether only because a citizen is the member of joint family residing in ancestral house in a village the administration may refuse to issue status certificate? We have call the District Magistrate Faizabad to appear and assist the Court. In consequence to which, the District Magistrate Faizabad Shri M.P. Agarwal is present in person. With the consent of parties' counsel we proceed to decide the writ petition finally.