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Ram Narendra Verma v. State Of U.P. Thru' Secretary & Others - WRIT - A No. 12006 of 2007 [2007] RD-AH 3865 (7 March 2007)


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Court No. 39

Civil Misc. Writ Petition No. 12006 of 2007

Ram Narendra Verma


State of U.P and others

Hon'ble V.K.Shukla,J.

Petitioner has approached this Court questioning the validity of the finding of fact recorded by Sub Divisional Magistrate, Harraiya District Basti holding that petitioner is resident of Pikuraram Lal and is not at all resident of Bankatwajot Kainahipur and the residential certificate which has been obtained is incorrect residential certificate.

Sri Vinay Kumar Pathak, learned counsel for the petitioner contended with vehemence that in the present case opinion which has been formed is incorrect opinion and as such impugned order is liable to be set aside by this Hon'ble Court.

From the side of the respondents as well as Caveator, Sri A.K. Srivastava, Advocate it has been contended that this Court is not Court of Appeal and competent authority has recorded categorical finding of fact and same warrants no interference by this Court.

After respective arguments have been advanced, factual position which is emerging is to the effect that enquiry was got conducted by the Tehsildar Harraiya and report was submitted on 23.12.2006. In the said report it has been mentioned that petitioner was temporarily  staying at Bankatwajot and he was permanent resident of Pikuraram Lal. This fact also has not been disputed that petitioner's mother is Pradhan of village Pikuraramlal. Once this is factual position and the Sub-Divisional Magistrate who is the competent authority has satisfied himself that petitioner is not at all permanent resident of village Bankatwajot then there is no occasion to interfere with the impugned order canceling the residential certificate of the petitioner, as said decision is neither perverse nor unreasonable.  

Consequently, writ petition as it has been framed and drawn is dismissed.  

Dated 7th March, 2007



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