IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18062 of 2008 Kavita Aagney W/o Shri Suresh Kumar @ Suresh Sahni resident of Shivagi Nagar Mohalla Shivagi Nagar P.O. Lalbagh P.S. and Town Darbhanga Petitioner Versus 1. THE STATE OF BIHAR through Chief Secretary, Govt. of Bihar, Patna 2. The District Magistrate, Darbhanga 3. The Sub-Divisional Officer, Town, Darbhanga 4. The Block Development Officer cum Circle Officer Sadar Block Darbhanga 5. The Registrar, Co-operative Societies, Bihar, Patna 6. The Assistant Registrar, Co-operative Societies, Bihar, Patna 7. The Deputy Chief Election Officer, State Govt. 8. The District Fisheries Officer cum Chief Executive Officer, Darbhanga Respondents ----------- 4 23.4.2009 The petitioner has come to this court seeking quashing of office order contained in memo no. 212 dated 18.12.2007 (Annexure 1) of the Sub-Divisional Officer, Sadar, Darbhanga (Respondent no.3) by which he has cancelled the residential certificate dated 25.1.2006 issued by him on the basis of the residential certificate dated 19.12.2005 issued by the Block Development Officer, Sadar, Darbhanga and directed the B.D.O. Sadar also to cancel the said certificate. Learned counsel for the petitioner submits that the said order has been passed without issuing any notice to the petitioner and without giving opportunity to the petitioner to be heard in the matter. In the counter affidavit filed on behalf of the State- respondents, it is admitted that no written notice was issued to the petitioner but the petitioner along with her husband had seen the proceedings and contacted the office and on that account the notice - 2 - was not issued. It is evident that the cancellation of the residential certificate already affects the petitioner and as the same has been done without issuing a show cause and without giving a proper opportunity to the petitioner to be heard in the matter, the allegation regarding the petitioner being aware of the proceedings can not hold field. In the above circumstances, the writ petition is allowed and the impugned order contained in memo no. 212 dated 18.12.2007 (Annexure 1) is quashed and the matter is remitted to the Sub- Divisional Officer, Sadar, Darbhanga to decide the matter afresh in accordance with law. It is directed that the petitioner shall present herself before the Sub-Divisional Officer, Sadar, Darbhanga on 20.5.2009 on which date the petitioner shall be handed over copy of the complaint and the enquiry report of the Supervisor and any other enquiry report prepared behind the back of the petitioner and be given an opportunity to reply to the same within a reasonable period. Since learned counsel for the complainant is also present in court, he may also appear before the Sub-Divisional Officer, Sadar, Darbhanga on 20.5.2009 and be heard on any date that may be fixed thereafter. Let a copy of this order be handed over to learned Government Pleader no.22. shahid (Ramesh Kumar Datta, J)