JUDGMENT :

1. Heard learned counsel for the petitioner and the learned standing counsel.

2. Petitioner has filed a supplementary affidavit dated 31.01.2023, which is taken on record.

3. The petitioner had moved an Amendment Application No.2 of 2022 dated 09.11.2022 which was allowed by order dated 08.12.2022 but the amendments were not incorporated. On the request of learned counsel for the petitioner, today we permitted him to incorporate the amendments in the writ petition.

4. This writ petition has been filed praying for the following relief:

“I. Issue a writ order or direction in the nature of mandamus by direct the respondents nod. 2 & 3 to renew the E.W.S. certificate of the petitioner.

(I-a) Issue a writ order or direction in the nature of Certiorari quashing the order dated 23rd of June 2022 passed by respondent no.3 whereby his application for grant of E.W.S. (Economically Weaker Section) certificate has been rejected.

II. Issue a writ order or direction in the nature of mandamus by directing the respondent no.3 to lodged the first information report against the Lekhpal, Jogendra Singh Solanki.”

5. Briefly stated facts of the present case are that the petitioner had earlier obtained a certificate of “Economically Weaker Section” (EWS) being Certificate No.1252 dated 28.09.2021 valid for the year 2021-22, on a declaration made by him that annual income of his family is below eight lacs rupees and his family does not possess any of the specified assets. Subsequently, some complaint was made and a verification was carried in which it was found by the authorities that the petitioner’s family possesses a 183 square yard residential house with 100 square yards ‘Gher’ at village Khandeha and also owns a residential plot of 150 square yards in village Chhajjupur which is much more than the maximum limit of area of land/ house prescribed to be owned by a family of a person intending to obtain a certificate of EWS. Consequently, EWS certificate issued by the authorities to the petitioner was cancelled by order dated 23.06.2022 passed by the Tehsildar, Khair, Aligarh which is reproduced below:

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6. Aggrieved with the aforesaid order dated 23.06.2022, the petitioner has filed the present writ petition.

7. Learned counsel for the petitioner submits that house at village Khandeha is an ancestral house in which his father’s brother and two sisters have shares and, therefore, the share of the petitioner’s father comes to only 20 square yards and the petitioner is not in possession of 100 square yards ‘Gher’. Referring to paragraph-6 of the supplementary affidavit dated 31.01.2023, he submits that thus, the petitioner’s family does not own residential plot/ house of more than 200 square yards and therefore, the cancellation of EWS certificate of the petitioner by the impugned order dated 23.06.2022 is wholly arbitrary and illegal.

8. Learned standing counsel supports the impugned order.

9. We have carefully considered the submissions of the lear