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Smt. Shubhawati Devi Aalias Israwati v. State Of U.P. And Others - WRIT - C No. 75248 of 2005  RD-AH 7358 (12 December 2005)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Writ Petition has been filed challenging the order dated 30th November, 2005 by which the Tehsildar, Tehsil - Hata, District Kushi Nagar has quashed the caste certificate of the petitioner on the basis of which she had contested the election of Gram Panchayat and was declared elected as Gram Pradhan. The Election Petition filed by the Respondent No.5 is pending. The petition was filed as the caste certificate had been cancelled.
In the impugned order a finding of fact has been recorded by the statutory authority that the petitioner had been served a show-cause notice dated 10.10.2005 but she did not respond at all and nor she adduced any evidence in support of her case. In the present petition the petitioner has stated that the said notice had not been served upon her and the order had been passed without giving any opportunity of hearing to her.
After hearing learned counsel for the petitioner and Sri Hawaldar Verma for the respondents, we dispose of the Writ Petition with a direction that in case the petitioner moves an application before the Tehsildar, Tehsil Hata, District Kushi Nagar within a period of two weeks from today for recalling the aforesaid impugned order on the ground that no notice had ever been served upon her, her case may be examined considering the record available and in case the order had been passed without serving any notice upon her, the matter may be decided afresh on merits in accordance with law.
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