AJAI SINGH CHIRANGI LAL Vs. DISTRICT MAGISTRATE PILIBHIT

JUDGEMENT

(1.) AJAI Singh has filed this petition under Article 226 of the Constitution against the order of the res pondent District Magistrate, Pilibhit, dated September, 27, 1969, declaring the petitioner to be a tout and banning his entry in the compund of the collecto-rate.

(2.) IT may be stated at the out set that no counter-affidavit has been filed by the respondent. Therefore, the facts stated in the petition shall have to be accepted as correct.

(3.) THE petitioner's- contention is that the District Magistrate did not grant him a personal hearing nor did he permit him to cross-examine the wit nesses and nor indeed did he give him an opportunity to produce evidence in defence. Similar allegations have been made by the petitioner against the Sub- Divisional Magistrate. According to the petitioner the Sub-Divisional Magistrate conducted the enquiry behind his back. The evidence of the witnesses was never recorded in his presence. In fact the petitioner alleged that he was not aware of the enquiry conducted by the Sub-Divisional Magistrate so that he had no chance to appear before him and to demand a personal hearing or to pro duce evidence in defence.