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SMT. SUNITA KUMARI VERMA versus STATE OF U.P. THRU' COLLECTOR BASTI AND OTHERS

High Court of Judicature at Allahabad

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Smt. Sunita Kumari Verma v. State Of U.P. Thru' Collector Basti And Others - WRIT - C No. 29080 of 2006 [2006] RD-AH 10136 (23 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.    

23/5/2006

SB-29080-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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