Jhulmani Ghatuari v. State of Orissa & Ors.

Mr. R. Acharya, Advocate Vs. State of Orissa and others ….. Opposite Parties Order No. 13. Mr. T.K. Biswal, A.G.A. (for O.P. Nos. 1 to 5) Mr. H.N. Mohapatra, Advocate (for O.P. No.6) CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 16.05.2024 The matter is taken up through hybrid mode.

This Writ Petition has been preferred with a prayer to set aside the order dated 10.05.2017 passed by the Tahasildar, Puri (Opposite Party No.5) in Review Misc. Case No.01 of 2016. Vide the said order, the residential certificate issued in favour of the present Petitioner was cancelled on the ground that such a residential certificate could not have been issued in her in-law’s address when the application was submitted on the very day of marriage and ritual of marriage was not completed.

Ground to challenge the said order is, the authority concerned has no power to review its own order and cancel the order for issuance of residential certificate. Accordingly, a prayer has also been made to set aside the said order and direct the Opposite Party No.5 to issue appointment order in favour of the Petitioner appointing her in the post of Anganwadi Worker in respect of Hantuka-2 Anganwadi Centre.

The State so also private Opposite Party No.6, who was selected to be appointed as Anganwadi Worker in respect of Hantuka-2 Anganwadi Centre, have filed their respective Counters and Petitioner also has filed her Rejoinder Affidavit in response to the said Counters.

During course of hearing, learned Counsel for the State submits, as on the date of making application for issuance of residential certificate, the Petitioner was not eligible for such a certificate and Tahasildar, Puri had rightly reviewed its own order in terms of Rule-7 of the Orissa Miscellaneous Certificates Rules, 1984 and recalled the said order for issuance of residential certificate. Mr. Biswal further submits, there is no infirmity in the impugned order and there is no bar for the Petitioner to approach the Tahasildar, Puri for issuance of residential certificate afresh.

In view of the said submission made by the learned Counsel for the State, learned Counsel for the Petitioner submits, he may be permitted to withdraw the Writ Petition with liberty to approach the authority concerned for issuance of residential certificate afresh.