# Krishan Kumar v. State of U.P. and others

- **Citation:** (2009) 3 ILRA 995
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2009-11-26
- **Case number:** Civil Misc. Writ Petition No. 64223 of 2009
- **Bench:** R.K Agarwal, Jayashree Tiwari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/krishan-kumar-v-state-of-u-p-and-others-41605
- **Pages:** 2

## Text

3 All] Krishan Kumar V. State of U.P. and others
995
possession of any valid title over the land
and
that
the
entries
have
been
manipulated which were rightly expunged
by the S.D.M. They further contend that
there is no requirement for interference by
this Court under Article 226 of the
Constitution. It is further submitted that
the nature of the proceeding being
summary in nature, the petition should not
be entertained against such an order.

8. Having heard learned counsel for
the parties and the submissions raised on
their behalf , the petitioners have a
remedy of getting their rights declared by
filing a regular suit. Nonetheless, keeping
in view the law laid down in the judgment
referred to herein above, the order
expunging the entries that have continued
for decades together ought not to have
been passed without putting the petitioner
to notice.

9. In view of this no useful purpose
would be served by keeping the writ
petition pending before this Court. The
impugned order dated 10.4.95 as well as
the order of the learned Commissioner
dated 23.11.2005 are hereby set aside.
The S.D.M respondent no.3 shall be at
liberty to pass a fresh order in accordance
with law after giving an opportunity of
hearing to the petitioner.

10. The writ petition is allowed. No
order as to costs. Learned counsel for the
petitioner prays that the S.D.M. be
directed
to
dispose
of
the
matter
expeditiously. The S.D.M., Kanpur Nagar
shall proceed to conclude the proceedings
as expeditiously as possible but not later
than six months.
---------

ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 26.11.2009

BEFORE
THE HON'BLE R.K AGARWAL, J.
THE HON'BLE JAYASHREE TIWARI, J.

Civil Misc. Writ Petition No. 64223 of 2009

Krishan Kumar

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri Ashok Khare
Sri Durga Tiwari

Counsel for the Respondents:
Sri Ghanshyam Maurya
Sri Sunil Kumar Singh
Sri Sanjiv Singh
C.S.C.

Constitution of India-Article 226-Natural
Justice-Cancellation
of
Residence
certificate-before cancellation No Notice
or opportunity of hearing given-heldorder not sustainable.

Held: Para 5

From a perusal of the order and the
averments made in paragraph 16 of the
writ petition, we are of the considered
opinion that neither any show cause
notice nor any opportunity of hearing
was afforded to the petitioner stands
established and the impugned order has
been pased in gross violation of principle
of equity, fair play and natural justice.
The same cannot be sustained which is
hereby set aside. The respondent no.3
may proceed in accordance with law.

(Delivered by Hon'ble R.K. Agrawal, J.)

1. By means of the present writ
petition the petitioner sought a writ , order
996 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
or direction in the nature of certiorari
calling for the record of the case and
quashing the order dated 11th November,
2009 passed by the the Sub Divisional
Magistrate
Sadar,
district
Deoria-
respondent no.3, filed as Annexure 7 to
the writ petition by which the residence
certificate issued to the petitioner on 23rd
July, 2009 has been cancelled on the basis
of the complaint made on 9th November,
2009 by one Sanjay Tiwari, respondent
no.6.

2. According to the petitioner the
complaint was made on 9th November,
2009
and
without
affording
any
opportunity to show cause or hearing the
order has been passed in haste on 11th
November, 2009. The entire exercise has
been done within a short span of two days
which according to the petitioner itself
speaks about the motive. The averment
regarding neither issuing any show cause
notice nor affording any opportunity of
hearing to the petitioner has been made in
paragraph 16 of the writ petition.

3. We have heard Sri Ashok Khare,
learned Senior Advocate assisted by Ms.
Durga Tiwari, learned standing counsel
appearing for respondent nos. 1 to 4, Sri
Sunil Kumar Singh, learned counsel
appearing for respondent no.6 and Sri
Sanjiv Singh has filed his appearance on
behalf of respondent no.5.

4. With the consent of the learned
counsel for the parties, the writ petition is
being disposed of at the admission stage
without calling for counter affidavit. From
a perusal of the impugned order dated
11th November, 2009, we find that the
Sub Divisional Magistrate has mentioned
that the complaint was filed by Sri Sanjay
Tiwari on 9th November, 2009, an
enquiry
was
conducted
on
10th
November, 2009 and the impugned order
has been passed on 11th November, 2009
whereby
the
petitioner's
residence
certificate has been cancelled. It does not
mention that any showcause notice or
opportunity of hearing was given to the
petitioner before passing the impugned
order.

5. From a perusal of the order and
the averments made in paragraph 16 of
the writ petition, we are of the considered
opinion that neither any show cause
notice nor any opportunity of hearing was
afforded
to
the
petitioner
stands
established and the impugned order has
been pased in gross violation of principle
of equity, fair play and natural justice.
The same cannot be sustained which is
hereby set aside. The respondent no.3
may proceed in accordance with law.

6. The writ petition succeeds and is
allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 24.08.2009

BEFORE
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 4006 of 2005

Smt. Raman Pandey & others ...Petitioners
Versus
State of U.P. and others ...Respondent

Counsel for the Petitioners:
Sri A.C. Tiwari
Sri Akhilesh Kuamr Pandey
Sri D.K. Jaiswal
Sri Pawan Kumar Tiwari

Counsel for the Respondents:
Sri H.M.B. Sinha (S.C.)