Pandurang v. The Tahsildar
Case at a glance
Outcome
Set aside
impugned order is set aside
Provisions considered
Key paragraphs
- Para 55. In view of the above, writ petition Is aflowed. The impugned order is set aside. The respondent Is directed to hold fresh enquiry regarding the correctness or otherwIse of submission made by petitioner regarding his residential status In Hulsoor village and thereafter, to Issue…
Judgment
(By Sri: Sachin. M. Mahajan, Adv) PETITIONER AND The Tahsildar Basavakalyan, Dist: Bidar. (By Sri: Manvendra Reddy Govt Adv) RESPONDENT This wilt petition is filed under Articles-226 & 227 of the Constitution of India praying to issue a writ or order or direction in the nature of certiorari and quash the order dated 10-11- 2011 passed by the Tahsildar, Basavakalyan in file No: SANKIRNA/CR/97/201 1-12 produced at Annexure-L as illegal and etc. This writ petition coming on for Preliminary hearing, in B’ group this day, the Court made the following: - ORDER The petitioner herein is seeking direction in the nature of certiorari to quash the order dated 10.11.2011 passed by respondent No.Sankirna/Cr/97/2001-12 Annexure-L, as illegal.
The facts leading to this petition are as under. Petitioner herein applied secured residential certificate from respondent herein vide AnnexureJ, which was issued on 4.8.2011. The said certificate was secured by him for the purpose of securing licence of Rajiv Gandhi LPG Vitrak (RGGLV), It is his case that subsequently. said residential certificate vide Annexure-J is recalled by respondent herein without issuing notice to him on the ground that petitioner herein is not resident of Hulsoor village hut he is resident of Kongali village of Balki Taluk. Being aggrieved by the same present writ petition is filed,
The contention of petitioner is that no-doubt he was resident of Kongali village prior to 9.3.20 10, thereafter, he has shifted his residence to Huisoor village. At the time of shifling e3... his resident he has also submitted letter to competent authority to remove his name from the list of electorate of Kongali village, which Is produced by him at Annexure-M. It Is also his case that respondent herein without considering all these things and without giving opportunity to petitioner to demonstrate that the allegation made against him Is Incorrect has proceeded to recall the residential certificate Issued on 4.8.2011. Hence, the same Is required to be set aside and respondent is to be directed to conduct fresh enquiry to consider the correctness or otherwise of the submission made by him for securing aforesaid certificate.
The learned Government Advocate appearing for respondent also agree that no opportunity Is given to petitioner and he submitted that writ petition may be disposed of with a direction to consider all the objections of petitioner and to pass fresh orders In time bound manner by respondent.
Operative part
In view of the above, writ petition Is aflowed. The impugned order is set aside. The respondent Is directed to hold fresh enquiry regarding the correctness or otherwIse of submission made by petitioner regarding his residential status In Hulsoor village and thereafter, to Issue necessary orders regarding his residence. The said process shall he completed by respondent within 15 days from the date of receip1 of this order. Sd/ JUDGE nd.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: impugned order is set aside
Which statutory provisions did this judgment involve?
Constitution of India.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.