Gausiya Bano v. Istekhar Ahmad Bhaiya and others), under Section

3. Heard Sri Pranesh Kumar Mishra, learned counsel for the applicant as well as Shri Virendra Kumar Maurya, learned counsel for the opposite party no. 2 and Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record.

4. The present application has been filed to quash the impugned order dated 08.07.2024 passed by the A.C.J.M., Room No.15, Prayagraj as well as entire proceeding of Case No.576 of 2021 (Gausiya Bano Vs. Istekhar Ahmad @ Bhaiya and others), under Section 12 of D.V. Act, where interim order has been passed under Section 23(2) of Protection of Women from Domestic Violence Act, 2005, P.S. Bahariya, District Prayagraj.

5. This matter was heard on 09.12.2024, on that date on the request of the learned counsel for the applicant, this Court proposed to sent this matter before the mediation with condition that applicant will deposit a sum of Rs. 35,000/- but the applicant had expressed his inability to deposit the aforesaid amount, on the ground that his monthly income is Rs. 2500/- per month. The Court was not satisfied with the aforesaid income certificate issued by the Tehsildar, Tehsil-Phoolpur, District Prayagraj. Therefore, this Court directed to Tehsildar, Phoolpur, District- Prayagraj to appear in person before this Court and explain on what basis the income certificate of the applicant has been issued.

6. The order dated 09.12.2024 of this Court is quoted hereinunder:- "1. Heard Sri Amit Kumar Mishra holding brief of Sri Amit Kumar Tiwari, learned counsel for the applicant as well as Sri P.P. Tiwari, learned A.G.A. for the State and perused the record.

2. The present application has been filed to quash the impugned order dated 08.07.2024 passed by the A.C.J.M., Room No.15, Prayagraj as well as entire proceeding of Case No.576 of 2021 (Gausiya Bano Vs. Istekhar Ahmad @ Bhaiya and others), under Section 12 of D.V. Act, where interim order has been passed under Section 23(2) of Protection of Women from Domestic Violence Act, 2005, P.S. Bahariya, District Prayagraj.

3. Learned counsel for the applicant has submitted that this matter may be referred to Mediation Centre High Court, Allahabad. However, when the Court directed him to deposit Rs.35,000/- then he placed reliance on the certificate at page 119 issued by the Tehsildar, Tehsil, Phoolpur, District Prayagraj to buttress his submission that he is unable to deposit Rs.35,000/- as condition to send Mediation Centre and income of his entire family is Rs.2,500/- per month. It is absolutely unbelievable that entire family is dependent on the income of Rs.2,500/- per month only and this certificate itself does not inspire confidence, even as per Minimum Wages Act, the income of a person cannot be 2,500- per month. Therefore, Tehsildar, Tehsil Phoolpur, Prayagraj will appear personally before this Court on the next date of listing to explain the reason on what basis he has prepared this income certificate which has been annexed at page 119.

4. Put up this case as fresh on 12.12.2024, at 10:00 a.m.

5. Registrar (Compliance) is directed to inform about this order to the Tehsildar, Tehsil Phoolpur, Prayagraj."

7. In pursuance of the order dated 09.12.2024, present Tehsildar, Phoolpur, District- Prayagraj appeared before this Court and fairly submitted the income certificate of the applicant does not appear to correct because that income certificate was prepared only on the basis of income of labourer working in MGNREGA Scheme but the land in the name of the applicant was not included while preparing that income certificate.

8. Considering the aforesaid fact, this Court vide order dated

12.12.2024 was directed to present Tehsildar, Phoolpur, District- Prayagraj to prepare and bring the correct income certificate of the applicant.

9. The order dated 12.12.2024 of this Court is quoted hereinunder:- "1. In pursuance of earlier order of this court dated 09.12.2024, Tehsildar, Tehsil-Phoolpur, Prayagraj is present. He submitted that as per the record, the applicant has 0.456 hectare agricultural land in his share and his widowed mother is also having 0.456 hectare land. He fairly admitted that income of the applicant was determined on the basis of income of labourer in Mahatma Gandhi National Rural Employment Guarantee Act (in short 'MGNREGA') scheme but the land of the applicant as well as his mother was not included while preparing the income certificate.

2. Prima facie income certificate annexed by the applicant showing monthly income of his entire family of Rs.2,500/- per month is incorrect.

3. From perusal of record, it appears that this income certificate was issued by the earlier Tehsildar, Ajit Kumar Singh.

4. Before issuing any direction to the concerned authority, this court directs the Tehsildar, Phoolpur, Prayagraj to prepare and bring correct income certificate of the family of the applicant by the next date of listing.

5. Put up as fresh on 16.12.2024 at 10:00 am.

6. On that date, Tehsildar, Phoolpur, Prayagraj, will remain present in the court.

7. Registrar (Compliance) is directed to send copy of this order to the Tehsildar, Phoolpur, Prayagraj for necessary compliance."

10. In pursuance of the order dated 12.12.2024, learned A.G.A. has filed affidavit sworn by Mr. Anil Kumar Pathak, present Tehsildar, Tehsil-Phoolpur, District- Prayagraj along with this affidavit income certificate of the applicant has also been annexed showing the income of applicant at Rs. 8,000/- per month. It is further apprised to this Court by the present Tehsildar that earlier income certificate of the applicant, was not issued by him but by the then Tehsildar Mr. Ajeet Kumar Singh.

11. From the above facts, it is clear that the earlier income certificate issued by the then Tehsildar Mr. Ajit Kumar Singh was incorrect, there appears to be collusion with the revenue authority in preparing that income certificate of the applicant.

12. In view of the above, this Court directs the Chairman, Board of Revenue, U.P. to conduct the enquiry regarding the preparation of earlier income certificate of the applicant dated 31.03.2022 issued by Tehsildar Mr. Ajeet Kumar Singh, Tehsil-Phoolpur, District- Prayagraj and take appropriate action against the responsible Tehsil authorities.

13. It is submitted by learned counsel for the applicant that he is ready to settle the dispute with opposite party no. 2. Learned counsel for the applicants states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

14. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs. 35,000/- within two weeks from today with the Mediation Centre out of which Rs. 30,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

15. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

16. List in the week commencing 10.03.2025 along with the report of Mediation Centre.

17. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in Case No.576 of 2021 (Gausiya Bano Vs. Istekhar Ahmad @ Bhaiya and others), under Section 12 of D.V. Act, P.S. Bahariya, District Prayagraj, till the next date of listing.

18. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

19. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

20. Personal appearance of Tehsildar Mr. Anil Kumar Pathak, Tehsil- Phoolpur, District- Prayagraj is exempted till further order.

21. Let this order be communicated to the Chairman, Board of Revenue, U.P. as well as District Magistrate, Prayagraj through Registrar (Compliance) for necessary compliance. Order Date:- 20.01.2025 Sharad/-

3. Heard Sri Pranesh Kumar Mishra, learned counsel for the applicant as well as Shri Virendra Kumar Maurya, learned counsel for the opposite party no. 2 and Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record.

4. The present application has been filed to quash the impugned order dated 08.07.2024 passed by the A.C.J.M., Room No.15, Prayagraj as well as entire proceeding of Case No.576 of 2021 (Gausiya Bano Vs. Istekhar Ahmad @ Bhaiya and others), under Section 12 of D.V. Act, where interim order has been passed under Section 23(2) of Protection of Women from Domestic Violence Act, 2005, P.S. Bahariya, District Prayagraj.

5. This matter was heard on 09.12.2024, on that date on the request of the learned counsel for the applicant, this Court proposed to sent this matter before the mediation with condition that applicant will deposit a sum of Rs. 35,000/- but the applicant had expressed his inability to deposit the aforesaid amount, on the ground that his monthly income is Rs. 2500/- per month. The Court was not satisfied with the aforesaid income certificate issued by the Tehsildar, Tehsil-Phoolpur, District Prayagraj. Therefore, this Court directed to Tehsildar, Phoolpur, District- Prayagraj to appear in person before this Court and explain on what basis the income certificate of the applicant has been issued.

6. The order dated 09.12.2024 of this Court is quoted hereinunder:- "1. Heard Sri Amit Kumar Mishra holding brief of Sri Amit Kumar Tiwari, learned counsel for the applicant as well as Sri P.P. Tiwari, learned A.G.A. for the State and perused the record.

2. The present application has been filed to quash the impugned order dated 08.07.2024 passed by the A.C.J.M., Room No.15, Prayagraj as well as entire proceeding of Case No.576 of 2021 (Gausiya Bano Vs. Istekhar Ahmad @ Bhaiya and others), under Section 12 of D.V. Act, where interim order has been passed under Section 23(2) of Protection of Women from Domestic Violence Act, 2005, P.S. Bahariya, District Prayagraj.

3. Learned counsel for the applicant has submitted that this matter may be referred to Mediation Centre High Court, Allahabad. However, when the Court directed him to deposit Rs.35,000/- then he placed reliance on the certificate at page 119 issued by the Tehsildar, Tehsil, Phoolpur, District Prayagraj to buttress his submission that he is unable to deposit Rs.35,000/- as condition to send Mediation Centre and income of his entire family is Rs.2,500/- per month. It is absolutely unbelievable that entire family is dependent on the income of Rs.2,500/- per month only and this certificate itself does not inspire confidence, even as per Minimum Wages Act, the income of a person cannot be 2,500- per month. Therefore, Tehsildar, Tehsil Phoolpur, Prayagraj will appear personally before this Court on the next date of listing to explain the reason on what basis he has prepared this income certificate which has been annexed at page 119.

4. Put up this case as fresh on 12.12.2024, at 10:00 a.m.

5. Registrar (Compliance) is directed to inform about this order to the Tehsildar, Tehsil Phoolpur, Prayagraj."

7. In pursuance of the order dated 09.12.2024, present Tehsildar, Phoolpur, District- Prayagraj appeared before this Court and fairly submitted the income certificate of the applicant does not appear to correct because that income certificate was prepared only on the basis of income of labourer working in MGNREGA Scheme but the land in the name of the applicant was not included while preparing that income certificate.

8. Considering the aforesaid fact, this Court vide order dated

12.12.2024 was directed to present Tehsildar, Phoolpur, District- Prayagraj to prepare and bring the correct income certificate of the applicant.

9. The order dated 12.12.2024 of this Court is quoted hereinunder:- "1. In pursuance of earlier order of this court dated 09.12.2024, Tehsildar, Tehsil-Phoolpur, Prayagraj is present. He submitted that as per the record, the applicant has 0.456 hectare agricultural land in his share and his widowed mother is also having 0.456 hectare land. He fairly admitted that income of the applicant was determined on the basis of income of labourer in Mahatma Gandhi National Rural Employment Guarantee Act (in short 'MGNREGA') scheme but the land of the applicant as well as his mother was not included while preparing the income certificate.

2. Prima facie income certificate annexed by the applicant showing monthly income of his entire family of Rs.2,500/- per month is incorrect.

3. From perusal of record, it appears that this income certificate was issued by the earlier Tehsildar, Ajit Kumar Singh.

4. Before issuing any direction to the concerned authority, this court directs the Tehsildar, Phoolpur, Prayagraj to prepare and bring correct income certificate of the family of the applicant by the next date of listing.

5. Put up as fresh on 16.12.2024 at 10:00 am.

6. On that date, Tehsildar, Phoolpur, Prayagraj, will remain present in the court.

7. Registrar (Compliance) is directed to send copy of this order to the Tehsildar, Phoolpur, Prayagraj for necessary compliance."

10. In pursuance of the order dated 12.12.2024, learned A.G.A. has filed affidavit sworn by Mr. Anil Kumar Pathak, present Tehsildar, Tehsil-Phoolpur, District- Prayagraj along with this affidavit income certificate of the applicant has also been annexed showing the income of applicant at Rs. 8,000/- per month. It is further apprised to this Court by the present Tehsildar that earlier income certificate of the applicant, was not issued by him but by the then Tehsildar Mr. Ajeet Kumar Singh.

11. From the above facts, it is clear that the earlier income certificate issued by the then Tehsildar Mr. Ajit Kumar Singh was incorrect, there appears to be collusion with the revenue authority in preparing that income certificate of the applicant.

12. In view of the above, this Court directs the Chairman, Board of Revenue, U.P. to conduct the enquiry regarding the preparation of earlier income certificate of the applicant dated 31.03.2022 issued by Tehsildar Mr. Ajeet Kumar Singh, Tehsil-Phoolpur, District- Prayagraj and take appropriate action against the responsible Tehsil authorities.

13. It is submitted by learned counsel for the applicant that he is ready to settle the dispute with opposite party no. 2. Learned counsel for the applicants states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

14. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs. 35,000/- within two weeks from today with the Mediation Centre out of which Rs. 30,000/- shall be paid to opposite party no.2 on his appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

15. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

16. List in the week commencing 10.03.2025 along with the report of Mediation Centre.

17. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in Case No.576 of 2021 (Gausiya Bano Vs. Istekhar Ahmad @ Bhaiya and others), under Section 12 of D.V. Act, P.S. Bahariya, District Prayagraj, till the next date of listing.

18. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

19. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants.

20. Personal appearance of Tehsildar Mr. Anil Kumar Pathak, Tehsil- Phoolpur, District- Prayagraj is exempted till further order.

21. Let this order be communicated to the Chairman, Board of Revenue, U.P. as well as District Magistrate, Prayagraj through Registrar (Compliance) for necessary compliance. Order Date:- 20.01.2025 Sharad/-