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Smt. Sunita Kumari Verma v. State Of U.P. Thru' Collector Basti And Others - WRIT - C No. 29080 of 2006  RD-AH 10136 (23 May 2006)
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed for quashing the order dated 10/4/2006 by which the Sub Divisional Magistrate, Harriya, District Basti has cancelled the domicile certificate issued earlier to the petitioner.
We have learned counsel for the petitioner and the learned Standing Counsel for respondent nos. 1 and 2 and Shri D.K. Srivastava for respondent no.3.
Learned counsel for the petitioner has vehemently urged that the order dated 10/4/2006 has been passed without giving any notice or opportunity to the petitioner. Learned Standing Counsel appearing for respondent nos. 1 and 2 and Shri D.K. Srivastava learned counsel appearing for respondent no.3 have fairly stated that notice or opportunity was not given to the petitioner before passing the impugned order.
In this view of the matter, we set-aside the order dated 10/4/2006 passed by the Sub Divisional Magistrate, Harriya, District Basti and remit the matter back to the Sub Divisional Magistrate, Harriya, District Basti to pass a fresh order in accordance with law after giving adequate opportunity to the petitioner and the private respondent no.3.
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