High Court of Judicature at Allahabad
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Dr. Raj Kumar Gupta v. State Of U.P. And Others - WRIT - C No. 34633 of 2006  RD-AH 11021 (6 July 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This writ petition has been filed raising the grievance that the impugned order dated 18.2.2006 (Annexure ''5') has been passed holding that the petitioner does not belong to Schedule Caste without giving any opportunity of hearing to the petitioner.
Sri C.K. Rai, learned Standing Counsel is not in a position to defend the impugned order and has fairly conceded that opportunity of hearing should have been given before passing the impugned order.
In such a fact situation, we set aside the impugned order dated 18.2.2006 and remand the matter to the District Collector, Shahjahanpur to decide it afresh after giving an opportunity to the petitioner. The exercise may be completed within two months from the date a certified copy of the order is produced by the petitioner before the District Collector, Shahjahanpur.
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