IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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.

The Tehsildar, 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.   

....2/-

- 2 -

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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 27, 2009.