Sabina, J. - (1.) PLAINTIFF had filed a suit for declaration challenging the order whereby his residence certificate was cancelled.
(2.) THE case of the Plaintiff, in brief, was that Krishanjit, brother of the Plaintiff was a permanent lessee for 99 years with regard to the land measuring 6 kanals 15 marlas situated in village Neoli Kalan. On 7.2.2003, he had transferred the lease hold rights in favour of the Plaintiff qua the suit land. Plaintiff shifted from Hisar to Neoli Kalan for better management of the suit land. Indian Oil Corporation gave an advertisement in the press regarding appointment of Operator of Kisan Service Centre including Neoli Kalan on 5.5.2005. Plaintiff being eligible applied for the same. Plaintiff sought residence certificate on 9.5.2005 from Tehsildar Hisar and the said certificate was issued to the Plaintiff on 26.5.2005. A complaint was made by an unsuccessful applicant against the Plaintiff and, thereafter, the residence certificate of the Plaintiff was cancelled vide order dated 9.12.2005 by Tehsildar, Hisar on the recommendation of the Sub Divisional Officer (Civil) of Hisar vide order dated 7.12.2005. Hence, the suit was filed by the Plaintiff challenging the said order of cancellation of residence certificate. Defendants, in their written statement, denied the contentions in the plaint. It was averred that the Plaintiff had no residence in the village Neoli Kalan. On 31.10.2005, an application was received and after due inquiry, it was found that the residence certificate of the Plaintiff was liable to be cancelled as he was not resident of village Neoli Kalan.
(3.) ON the pleadings of the parties, following issues were framed by the trial Court: 1. Whether the order dated 7.12.2005 passed by Deputy Commissioner, Hisar vide which he directed the Tehsildar Hisar to cancel the residence certificate No. 5293 dated 25.5.05 and that the inquiry report dated 2.12.2005 submitted by SDO (civil) Hisar whereby he has cancelled the residence certificate No. 5293 dated 26.5.2005 issued by Tehsildar, Hisar to the Plaintiff is null and void ab initio without jurisdiction, mala fide and against the mandatory instructions/guidelines on the grounds as detailed in the headnote of the plaint?OPP 2. If so, whether the Defendants are liable to be restrained from taking any action against the Plaintiff on the basis of enquiry report dated 2.12.2005 submitted by SDO (civil) Hisar, order dated 7.12.2005, passed by the Deputy Commissioner, Hisar as well as order dated 9.12.2005 passed by Tehsildar, Hisar on the grounds as detailed in the head note of the plaint?OPP 3. Whether the suit of the Plaintiff is not maintainable in the present form? OPD 4. Whether Plaintiff has no locus standi to file the present suit? OPD;