DEVENDER SINGH Vs. HARYANA STATE AND ORS.

JUDGEMENT

(1.) PLAINTIFF had filed a suit for declaration challenging the order whereby his residence certificate was cancelled.

(2.) THE case of the Plaintiff, in brief, was that Krishanjit, brother of the Plaintiff was a permanent lessee for 99 years with regard to the land measuring 6 kanals 15 marlas situated in village Neoli Kalan. On 7.2.2003, he had transferred the lease hold rights in favour of the Plaintiff qua the suit land. Plaintiff shifted from Hisar to Neoli Kalan for better management of the suit land. Indian Oil Corporation gave an advertisement in the press regarding appointment of Operator of Kisan Service Centre including Neoli Kalan on 5.5.2005. Plaintiff being eligible applied for the same. Plaintiff sought residence certificate on 9.5.2005 from Tehsildar Hisar and the said certificate was issued to the Plaintiff on 26.5.2005. A complaint was made by an unsuccessful applicant against the Plaintiff and, thereafter, the residence certificate of the Plaintiff was cancelled vide order dated 9.12.2005 by Tehsildar, Hisar on the recommendation of the Sub Divisional Officer (Civil) of Hisar vide order dated 7.12.2005. Hence, the suit was filed by the Plaintiff challenging the said order of cancellation of residence certificate.

(3.) ON the pleadings of the parties, following issues were framed by the trial Court: