KRISHAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By the Court. By means of the present writ petition the petitioner sought a writ, order 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-Divi- sional 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.