SANJEEV KUMAR CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) EARLIER petitioner had filed writ petition No.71117 of 2006, wherein this Court had asked the District Magistrate to look into the matter and take appropriate decision. The District Magistrate, thereafter considered the matter and passed final order dated 23.05.2007, returning a categorical finding of fact, on the basis of spot inspection and report dated 27.04.2007 submitted pursuant thereto, in respect of domicile of Daya Shanka son of Sri Ram Narain, to the effect that for the last 6 - 7 years, he has been staying at village Mahant Nagar, Ghusiya, Konch, as such domicile certificate had been issued to him from the said address. Petitioner at no point of time questioned the validity of the aforementioned certificate. After the said order has been passed, the Sub-Divisional Magistrate, Konch on 29.02.2008 proceeded to cancel the domicile certificate. Thereafter, on 12.03.2008 Daya Shankar requested that he never got issued domicile certificate. On said request being made, notices have been issued and order dated 29.02.2008 has been stayed. At this juncture present writ petition has been filed, questioning the validity of order dated 14.05.2007 passed by District Magistrate together with the validity of order dated 12.03.2008 passed by Sub-Divisional Magistrate, Konch. Petitioner has not given any explanation in the body of writ petition as to why the validity of order dated 14.05.2007 was not questioned well within time. Once no reasons have been assigned for not approaching this Court in time, writ petition deserves to be dismissed on the ground of laches, qua the said order. As far as order dated 12.03.2008 is concerned, by this order pending enquiry initiated, order dated 29.02.2008 has been stayed. Once enquiry is ongoing and earlier order has been stayed, then keeping in view the background of the case, this Court refuses to interfere in the matter. However, it is made clear that in case pursuant to order dated 12.03.2008 enquiry has not been concluded, then the same be concluded at the earliest preferably within a period of two months from the date of receipt of a certified copy of this order, after providing opportunity of hearing to the petitioner as well as Daya Shankar. Subject to above observation, present writ petition is dismissed.