Hon'ble Virendra Kumar Dixit,J.
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 along with 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 along with 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.
4. Shri M.P. Agarawal, District Magistrate, Faizabad submits that ordinarily status certificate is not issued to the persons whose house is situated in abadi land of a village may be ancestral house. The reason assigned by the District Magistrate is that in the default of payment of dues it shall not be possible to recover the dues by auctioning the property. District Magistrate admitted that status certificate may be issued in case the person has purchased the house of the village through registered sale deed may be situated over the abadi land.
5. The reason assigned for refusal of status certificate seems to be not justified. Only because the person is residing in the village in his ancestral house along with other family members should not be deprived from status certificate. A person who is member of joint family is also entitled to enjoy quality, dignity and privacy of life protected by Article 21 of the Constitution of India. Non-issuance of status certificate to a person who is residing in village may be in ancestral house situated over the abadi land shall affect the right guaranteed under Article 19 (1) (g) of the Constitution of India to carry on trade and profession coupled with Article 21 of the Constitution of India which protects right to livelihood. Absolute denial to issue status certificate merely on the ground that a person residing in his ancestral house situated over the abadi land of the village is highly arbitrary and have got no nexus with the object sought to achieve, hence, hit by Article 14 of the Constitution of India. Though State has got right to impose restriction with regard to right guaranteed under Article 19(1) (g) of the Constitution of India but that should be reasonable, just, fair and proper.
6. Accordingly while affirming the state's right to impose reasonable restriction we are of the view that restriction should be reasonable and citizens must not be deprived from the "status certificate" only because he or she is residing in ancestral house of a village. Appropriate safeguard may be provided while issuing status certificate and while providing contractual assignment, for recovery of dues. Moreover, it is for the corporation, department or establishment to provide necessary safeguard while preparing the agreement for contractual assignment, not the District Magistrate. It shall always be obligatory on the part of the District Magistrate to provide income or status certificate to a citizen when he or she approach for the purpose. In case, it is joint family property then that aspect of the matter may be looked into and indicated in the status certificate so that while awarding contract and entering into agreement appropriate care may be taken by the department concerned.
7. It shall be appropriate for the District Magistrate as well as State Government to issue appropriate guidelines for issuance of status or income certificate to the members of joint family. Nothing should be done which may compel the members of joint family to disintegrate and live individual life. Since, ages Indians are residing jointly in the villages and while dealing with the matters with regard to members of joint Hindu family appropriate care should be taken to keep their jointness, instead creating such circumstances because of which members of joint family disintegrates. District Magistrate shall look into the matter and prepare appropriate guidelines and issue a fresh order with regard to status certificate to the petitioner.
8. At this stage, petitioner's counsel submits that his brother is ready to furnish "no objection" certificate with regard to issuance of status certificate. In case, it is so that aspect of the matter shall be looked into by the District Magistrate.
9. Subject to aforesaid observation, let the State Government also at its end take a decision and frame guidelines with regard to issuance of status certificate to the citizens. The guidelines or the circular prepared for the purpose may not affect the jointness of the families residing in the villages of the State. Rather the State Government should encourage and prepare guidelines in such a manner so the age old joint family system still working satisfactorily in the villages may continue for all time to come. The denial of certificate solely on the ground that a person is residing in ancestral house constructed over the abadi land shall be violative of fundamental right as guaranteed under Article 19(1)(g) of the Constitution of India. Restrictions and conditions should be reasonable to meet out the requirement of Article 14 of the Constitution of India. No person should be deprived from his source of livelihood only because he or she is the members of the joint Hindu Family residing in his or her ancestral house. Guidelines may be framed in such a manner so that in the event of default, recovery may be made from the share of such persons-whether it is from agricultural land or portion of house but absolute denial shall be detrimental to joint families which is still continuing in the State of U.P. in the rural area.
10. A copy of the present order shall be sent to the Chief Secretary, State of U.P. to prepare guidelines with regard to issuance of status certificate by the District Magistrate and consequential circular so that persons residing in their ancestral house or who are members of joint families may not be deprived to carry on their profession or trade.
11. The District Magistrate shall take a fresh decision keeping in view the observations made hereinabove, expeditiously.
12. Subject to above, writ petition is disposed of finally.
Order Date :- 13.1.2011 Amit/Madhu