Manish Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18727 of 2016 ====================================================== 1.

Manish Kumar and Ors Son of Shri Ramjeet Ram, resident of House No. 129, Ram Puram, Shyam Nagar, P.O. Shyam Nagar, Police Station Chakeri, District Kanpur Uttar Pradesh 2.

Naveen Kumar Son of Shri Ramjeet Ram, resident of House No. 129, Ram Puram, Shyam Nagar, P.O. Shyam Nagar, Police Station Chakeri, District Kanpur Uttar Pradesh 3.

Sanjay Kumar Gond, Son of Late Ram Jag Gond, resident of House No. 129, Ram Puram, Shyam Nagar, P.O. Shyam Nagar, Police Station Chakeri, District Kanpur Uttar Pradesh ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna 3.

The Sub - Divisional Officer, Mohania, District - Kaimur 4.

The Block Development officer, Durgawati, District - Kaimur 5.

The Union of India through the Director General, Ordnance Factory Board, Khudiram Bose Road, Kolkat 6.

The General Manager, Ordnance Parachute Factory, Kanpur, Uttar Pradesh ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Kumar, Advocate For the State :

Md. Harun Quareshi, AC to SC-1 Mr. Lokesh, Advocate For the UOI :

Mr. A. K. Pandey, SCG Mr. R. K. Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-01-2024 Heard the parties.

2. The present application has been filed for quashing the order dated 28.08.2014 by which the caste certificate granted to the petitioners have been cancelled.

3. It is an admitted position that the petitioners have

Patna High Court CWJC No.18727 of 2016(5) dt.04-01-2024 2/2 not been heard before passing the order dated 28.08.2014 and the impugned order has been passed in complete violation of the principles of natural justice.

4. In view of the above, I am of the view that the order dated 28.08.2014 cannot be sustained. The same is hereby quashed.

5. The respondent no. 2 is directed to pass a fresh order in accordance with law after hearing the petitioners and he will consider all the objections which may be raised by the petitioners in their show cause which may be filed by the petitioners before the respondent no. 2.

6. This application is allowed.

(Sandeep Kumar, J) P. Kumar U