Rai Singh v. Sub Divisional Magistrate & Anr

Delhi High Court · 09 Aug 2011 · 2011:DHC:18157
Rajiv Sahai Endlaw
W.P.(C) 2563/2011
2011:DHC:18157
administrative appeal_allowed Significant

AI Summary

The Delhi High Court held that cancellation of Scheduled Caste certificates without notice and hearing violates natural justice and set aside such cancellations, directing fresh proceedings with opportunity of hearing and reasoned orders.

Full Text
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* IN THE HIGH COURT OF' DELHI AT NEW DELHI
+ W.P.(C) 2s6312011 & CM No.547512011 (for stay) ;
RAI SINGH ..... Petitioner
Through: Mr. C.B. Sewak, Adv. I
VERSUS
;
SUB DIVISIONAL MAGISTRATE & ANR ..... Respondents
Through: Ms. Nav Ratan Chaudhary, Adv. for R-1.
Ms. Anjana Gosain, Adv. i
'
AND
I
+ W.P.(C) s47I/2011 & CM No.11 176/2011 (for stay)
RAKESH ..... Petitioner.
Tlu'ough: Mr. C.B. Sewak, Adv. I
VERSUS
GOVERNMENT OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Anjana Gosain, Adv. i
AND '
+ W.P.(C) s47212011 & CM No.1 I 17712011 (for stay) s3t62t70$-
JAI SINGH ..... Petitioner
Ttu'ough: l\4r'. C.B. Sewak, Adv. :
VERSUS
GOVERNMENT OF NCT OF DELHI & ANR ..... Respondenis
Tlu'ough: Ms. Nav Ratan Chaudhary, Adv. for R-l.
Ms. Anjana Gosain, Adv.
2011:DHC:18157
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1.
CORAM! :
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW I
09.08.2011
The challenge in all these petitions is to the cancellation of the certificates eariier issued to the petitioners of belonging to the Scheduled
Caste. It is the case of the petitioners that the cancellation Jas effected
; without issuing any notice to thern and without giving thern any hearing. i
Notice of each of the petitions was issued and the public notices by which t cancellation was effected staved.
ORDER

2. The counsel for the respondent has been heald.

3. I am satisfied that no opportunity of hearing was given to the: petitioners before effecting the cancellation. Accordingly, the pbtitions ale allowed and the public notices effecting the cancellation set aside, however t with a right to the respondents to, after giving opportunity to the'petitioners again cancel the certificates if the circumstances so warrant tiut with a speaking order. a, t-- 2/g

4. The petitioners to appear before the SDM, Naya Bans, Narela at 1100 f hours on26tt' August, 2011 and on such subsecluent dates ut trruli be fixed i along with all their docurnents and representations. The SDM, NpYa Bans, Nalela to pass a reasoned order and to deliver a copy therebf to the I petitioners on or bifore 30tr'Septernber,20Ll. Needless to state that if the petitioners remain aggrieved, they shall have their rerredies in law.'

5. The petitions are disposed of No order as to costs. Dasti.

RAJIV SAHAI ENDLAW, J AUGUST O[9],2OII 'gsr'.. u[1] t[3] {}: I i cl af-; I I I