Lawstreet Journal

Being Citizen Of India Is Necessary For Issuance Of Bonafide Resident Certificate: HP HC [READ ORDER]

Lawstreet Journal 14 Sep 2020 11:15pm

Image courtesy: Lawstreet Journal Judiciary Being Citizen Of India Is Necessary For Issuance Of Bonafide Resident Certificate: HP HC [READ ORDER]

The High Court of Himachal Pradesh has passed an order stating that being a citizen of India is essential in order to be granted a bonafide domicile/ resident certificate. Justice Ajay Mohan Goel heard the suit Kumari Beena v. State of Himachal Pradesh which was challenging the order passed by the Deputy Commissioner where the petitioner’s request for issuance of bonafide certificate was rejected. 

The petitioner’s case states that she was residing in Shimla since the year 1997 and it has been claimed by the petitioner that as per the provisions mentioned in the Handbook on Personnel Matters (Vol-1) issued by the Personnel Department of the Government of Himachal Pradesh, she is eligible for Himachali bonafide certificate. The challenged order as passed by the Deputy Commissioner had rejected the claim of the petitioner on the specific grounds that the Himchali Bonafide Certificate can be issued to only those persons who are a citizen on India and as the petitioner is not the citizen of India, she cannot be issued a bonafide certificate of the state she is residing in. 

The petitioner’s side contended that the order passed by the Deputy Commissioner was not justifiable in the eyes of law as citizenship is not a pre-requisite condition for issuing the Himachali Bonafide certificate. It was further added by the petitioner that similar certificates are issued to those people who are living in that a place for a considerable time. The Judge also observed that the petitioner is mainly relying her claim on the provisions of Handbook on… Continue Reading...

Tagged: Himachal Pradesh High Court  
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