RADHEYSHYAM YADAV Vs. D M BALRAMPUR
LAWS(ALL)-2009-5-380
HIGH COURT OF ALLAHABAD
Decided on May 19,2009

RADHEYSHYAM YADAV VIRENDRA KUMAR Appellant
VERSUS
D.M.BALRAMPUR Respondents

JUDGEMENT

- (1.)HEARD learned counsel for the petitioner and learned Additional Chief Standing Counsel. The petitioner, being aggrieved by the order dated 5.5.2009 passed by the Sub-Divisional Officer, Tulsipur District Balrampur by which domicile certificate issued on 5.11.2008 has been cancelled, has filed the instant writ petition. Learned counsel for the petitioner submits that the domicile certificate was issued to the petitioner on the basis of proper inquiry made by the Tehsil Authority. He further submits that a caste certificate was also issued to the petitioner on 8.12.2008 in which residence of the petitioner is mentioned as Madhwa Nagar Khader Pargana and Tehsil Tulsipur District Balrampur. He further submits that the petitioner appeared in B.Sc. examination at Allahabad and as such he could not appear before the Sub-Divisional Officer when the matter was heard and the impugned order has been passed without affording any opportunity to the petitioner. He further submits that name of the petitioner is also mentioned in the Voter List of 2009 and Kutumb Register. He further submits that ancestral agricultural land is also situated in Village Madhwa Nagar Khader, which is recorded in the name of father of the petitioner in the Khetauni of 1414 to 1419 Fasli. Learned Additional Chief Standing Counsel appearing on behalf of opposite parties no.1 and 2 submits that sufficient opportunity was afforded to the petitioner and thereafter the Sub-Divisional Officer, Tulsipur has passed the order on 5.5.2009. We have considered the submissions made by learned counsel for the parties and gone through the record. The domicile certificate dated 5.11.2008 was issued to the petitioner on the basis of the inquiry conducted by the Tehsil Authority. The petitioner has annexed the Khetauni of 1414 to 1419 Fasli of Village Madhwa Nagar Khader Pargana and Tehsil Tulsipur District Balrampur, in which the name of father of the petitioner along with others is recorded over Khasra Nos.247 and 501. The petitioner has also annexed the Voter List of 2009, in which name of the petitioner is mentioned at Serial No.657. The caste certificate was also issued to the petitioner on 8.12.2008 in which residence of the petitioner is mentioned as Madhwa Nagar Khader. The identity Card was also issued to the petitioner by the Election Commission in which house number of the petitioner is mentioned 130, Madhwa Nagar Khader. All these documents were not considered by the Sub-Divisional Officer while passing the impugned order dated 5.5.2009 and in a very casual manner the Sub-Divisional Officer has cancelled the domicile certificate dated 5.11.2008 on the basis of earlier order dated 7.2.2009 which was already set-aside by the Collector on 26.2.2009. In the result, the writ petition succeeds and is hereby allowed and a writ in the nature of certiorari is issued quashing the order dated 5.5.2009 passed by the Sub-Divisional Officer, Tulsipur District Balrampur, a copy of which has been annexed as Annexure-7 to the writ petition and the matter is remitted back to the District Magistrate, Balrampur, who will consider and decide afresh, in accordance with law, after affording opportunity to the affected parties.


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