Tayyab Ali & ANR.
Vs. State of U.P.& ANR.  INSC 172 (27 January 2009)
JURISDICTION CIVIL APPEAL NO.454 OF 2009 (Arising out of S.L.P. (C) No.16552 of
2007) Tayyab Ali and Anr. ...Appellant(s) Versus State of Uttar Pradesh and
Anr. ...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
Ghaziabad, by his order dated 30th March, 1999, cancelled the caste
certificates issued in favour of the appellants. That order was challenged by
the appellants by filing writ petition in the High Court mainly on the ground
of violation of the rules of natural justice by alleging that their caste
certificates were cancelled without issuing notice and affording them
opportunity of hearing. They also made a specific prayer for quashing order
dated 30th March, 1999. Although the respondent did not controvert the
assertions contained in the writ petition, the High Court dismissed the writ
petition by observing that the petitioners did not challenge order dated 30th
March, 1999 despite the fact that copy thereof was supplied to them pursuant to
the direction given by it. In our view, the High Court committed serious error
in dismissing the writ petition without going into the question of violation of
the rules of natural justice.
Accordingly, the appeal is allowed, impugned order passed by the High Court is
set aside and order dated 30th March, 1999 passed by the Tehsildar cancelling
the caste certificates of the appellants is quashed. Needless to say that this
order shall not preclude the Tehsildar from passing a fresh order after giving
opportunity of hearing to the appellants.
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