Allahabad High Court High Court

Km. Kavita vs State Of U.P. & Others on 4 February, 2010

Allahabad High Court
Km. Kavita vs State Of U.P. & Others on 4 February, 2010
Court No. - 9

Case :- WRIT - C No. - 5171 of 2010

Petitioner :- Km. Kavita
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Girish Kumar Yadav
Respondent Counsel :- C.S.C.,Dushyant Kumar

Hon'ble Vijay Manohar Sahai,J.

Hon’ble Virendra Kumar Dixit,J.

Heard Sri Girish Kumar Yadav, learned counsel for the petitioner and
Standing Counsel for the respondents.

The petitioner’s domicile certificate issued on 15.5.2008 has been cancelled
by respondent no.2 by the order dated 30.12.2009/01.01.2010.

Learned counsel for the petitioner has urged that the impugned order of
cancellation has been passed by the respondent no2 without affording any
opportunity of hearing to the petitioner. Therefore, the impugned order passed
by respondent no.2 in violation of principles of natural justice cannot be
maintained.

In the result, the writ petition succeeds and is allowed . The impugned order
dated 30.12.2009/01.01.2010 passed by respondent no.2, a copy of which has
been annexed as Annexure-1 to the writ petition is quashed. It is open to the
respondent no.2 to pass a fresh order after affording opportunity to the
petitioner and considering the points raised by the petitioner in his reply in
response to the notice issued by respondent no.2.

Order Date :- 4.2.2010
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