SAROJLATA SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) The dispute in the present writ petition is with regard to the cancellation of domicile certificate issued by the competent authority in favour of the petitioner.

(2.) The brief facts are that on 21.7.2009, a domicile certificate was issued by the Sub-Divisional Magistrate, Nichlaul, District Maharajganj, certifying that the petitioner is resident of Bisokhore, P.S. Kothibhar, District Maharajganj. Thereafter, by order dated 14.3.2012, the Sub-Divisional Magistrate, Nichlaul cancelled the domicile certificate issued on 21.7.2009. It is contended that as the said order was passed without giving opportunity of hearing to the petitioner, she filed her objection/representation on 19.3.2012, on which the Sub-Divisional Magistrate called for a report from Nayab Tehsildar, which was submitted on 3.4.2012. Based on the report of Nayab Tehsildar, the impugned order dated 21.4.2012 has been passed confirming the earlier order dated 14.3.2012, cancelling the domicile certificate issued on 21.7.2009. Challenging both the aforesaid orders dated 14.3.2012 and 21.4.2012, passed by the Sub-Divisional Magistrate, the present writ petition has been filed.

(3.) By an interim order dated 17.5.2012, the operation of the order cancelling the domicile certificate of the petitioner was stayed.