IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 335 of 2009. Date of decision: 24.6.2009 Chander Kala …. Petitioner Versus State of H.P & Ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ? For the petitioner: Mr.R.R.Rahi, Advocate. For the respondents: Shri R.M.Bisht, Dy.Advocate General for respondents No.1 to 4. Mr.Rakesh Jaswal, Advocate, for respondent No.5. _____________________________________________________ Deepak Gupta, J.(Oral) The petitioner was appointed as Anganwari Worker in Anganwari Centre, Shimola, Tehsil Shillai, District Sirmaur on 13.8.2007. Her appointment was challenged by respondent No.5 before the Deputy Commissioner, Nahan. During the course of appeal, the Deputy Commissioner, Nahan directed the S.D.O., (Civil) Paonta Sahib to conduct an inquiry regarding the income of the family of the petitioner. The Tehsildar, Shillai on 15.9.2007 cancelled the original Income Certificate granted to the 2 petitioner. Thereafter the petitioner approached this Court by filing CWP No.1590 of 2007. The writ petition was disposed of on 26.9.2008 by consent of the parties. The order of the Tehsildar was set aside and the Tehsildar was directed to decide the matter afresh after giving both the parties an opportunity of being heard before passing the order. The Tehsildar has again on 30.12.2008 passed an order whereby he has cancelled the previous income certificate issued in favour of the petitioner. The grievance of the petitioner again is that this order has been passed without giving any notice to her. On the last date, we had directed respondent No.3 to produce the record regarding the issuance and service of summons on the petitioner. This record has been produced. Two summons have been placed on record. The first summon was for the date 10.12.2008. This summon was addressed to Chander Kala, daughter of Sahi Ram, resident of village Bijwa, Sub Tehsil Ronhat, District Sirmaur. This is not the address of the petitioner. Her address is Chander Kala, daughter of Sh.Shiv Ram, resident of village Kharsholi, P.O Koti Bonch, Tehsil Shillai, Distsrict Sirmaur. On this summon, the report is that Chander Kala was not found at home but the summons 3 were handed over to her father Shiv Ram. No signatures of Shiv Ram were obtained on the summons in order to prove the delivery of the summons. As noted above in the address, the parentage of Chander Kala was given as Sahi Ram and not Shiv Ram but while serving the summons, the same have been served upon Shiv Ram. The second notice was again addressed to Chander Kala, daughter of Sahi Ram, resident of village Bijwa, presently resident of village Kharsholi. The report on this summon is that Chander Kala was found in her house when Process Server went to her house alongwith peon to the office of the Field Kanungo but Chander Kala refused to accept the summons. It is not clear as to which village the process Server went to. It is apparent that the Tehsildar was aware of the exact parentage and address of the petitioner since the final order dated 30.12.2008 has been directed to be communicated to her addressed which reads as follows:- “Kumari Chander Kala, D/o Sh. Shiv Ram, Village Kharsholi, P.O Koti Bonch, Sub Tehsil Ronhat, District Sirmaur (H.P)”. This clearly shows that this address was available with the Tehsildar. There is no explanation as to 4 why summons could not be sent on this address. This casts a doubt on the veracity of the reports of the Process Server. We are of the considered view that the respondents have failed to prove that the summons were actually served upon the petitioner. The order of the Tehsildar has been passed without giving adequate opportunity of hearing to her. We, therefore, allow the writ petition and set aside the order of the Tehsildar dated 30.12.2008. The parties are directed to appear before the Tehsildar, Shillai on 1st July, 2009 alongwith certified copy of this order. In case for any reason, the Tehsildar is on leave on that date, his reader/clerk of court shall fix the next date on or before 10th July, 2009. The Tehsildar is directed to re-hear the matter and dispose of the same latest by 24th July, 2009. It is made clear that in case the petitioner does not appear before the Tehsildar on 1.7.2009, the Tehsildar shall not be required to re-hear the matter. Dasti copy. ( Deepak Gupta ) Judge June 24, 2009 (Surinder Singh) (m) Judge