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5. After coming to know of the aforesaid ex parte cancellation of his caste certificate by Tehsildar, Deoria on 4.1.2001, the petitioner moved a recall application and demonstrated before the Tehsildar, Deoria, that Sheikh Sarwari (Pirai) Pirahi are within the list of backward class at Sl. No. 62 of the notification issued by the State Government on 31.5.1998. A copy of the notification was filed before the Tehsildar, Deoria and is also filed and marked as Annexure-11 to the writ petition. The aforesaid recall application filed by the petitioner before the Tehsildar, Deoria, was allowed on 3.2.2001 after being satisfied that the petitioner belongs to backward class, a copy whereof is filed and marked as Annexure-7 to the writ petition.

6. It is apparent from perusal of Annexure-8 to the writ petition that a show cause notice was issued by District Magistrate, Deoria, to the petitioner calling upon him to show cause as to why he should not be removed from the office of Pradhan of Village Panchayat, Basantpur, on the basis of cancellation of his backward class certificate by Tehsildar, Deoria, on 4.1.2001. The aforesaid show cause notice was purported to be issued to the petitioner by District Magistrate, Deoria in exercise of his power under Section 95(1)(g)(iii-a) of U.P. Panchayat Raj Act. The petitioner filed detailed explanation to the aforesaid show cause notice stating therein that ex partg order dated 4.1.2001 passed by Tehsildar, Deoria cancelling his caste certificate has been recalled by his subsequent order dated 3.2.2001 whereby he restored backward class certificate of the petitioner on the basis of notification dated 31.5.1998 issued by the State Government.

7. It is apparent on face of record from perusal of the impugned order dated 18.12.2001, Annexure-10 to the writ petition, passed by District Magistrate, Deoria removing the petitioner from the office of Pradhan of. Village Panchayat. Basantpur that without looking into the explanation submitted by the petitioner dated 18.9.2001 (Annexure-9 to the writ petition) with closed mind, he removed the petitioner from the office of Pradhan of Village. Panchayat, Basantpur, on the basis of ex parte cancellation of his caste certificate by Tehsildar, Deoria on 4.1.2001, Annexure-2 to the writ petition, which has already been recalled and his backward class certificate is restored on 3,2.2001 by Tehsildar, Deoria vide Annexure-7 to the writ petition. The District Magistrate, Deoria, without verifying the fact whether the petitioner belongs to backward class within the definition of backward class in view of notification issued by the State Government on 31.5.1998, Annexure-11 to the writ petition, has passed the impugned myopic order removing the petitioner from the office of Pradhan of Village Panchayat, Basantpur.

45. There is substance in the aforesaid arguments of the learned Amicas Curiae. The learned Advocate General is not in position to give satisfactory answer to the aforesaid questions asked to him. Thus, the instant Writ Petition No. 2579 of 2002 is also liable to be allowed on aforesaid grounds.

46. As regards Writ Petition No. 2673 of 2002. it is submitted by the learned Amicus Curiae that it is apparent from perusal of explanation submitted by the petitioner before the District Magistrate that he has clearly stated in reply to show cause notice issued to him that ex parte cancellation order of his caste certificate passed by Tehsildar, Deoria, on 4.1.2001, has already been recalled on the recall application of the petitioner on 3.2.2001. The copy of the representation is available on record. In support of the explanation, the petitioner has brought to the notice of the Tehsildar, Deoria. the notification dated 31.5.1998 issued by the State of U.P. wherein at Sl. No. 62 Sheikh Sarwari (Pirai) Pirahi, to which caste the petitioner belongs, are included in backward class. It is apparent from perusal of the order impugned passed by the District Magistrate, Deoria that he non-seated the petitioner without looking into subsequent order passed by Tehsildar, Deoria, on 3.2.2001 and he has also Ignored the notification dated 31.5.1998 wherein Sheikh Sarwari (Pirai) Pirahi are included in the list of backward class.