JUDGMENT 1. - Appellant Krishna Kumar Soni (the petitioner in the writ petition) has applied before the Sub-Divisional Magistrate (S.D.O.), Balotra (distrcit Barmer) for grant of Certificate of Bonafide Residence of the petitioner in Barmer district. Alongwith the application, the appellant produced the Certificate issued by the Patwari of the area showing the Patta of the ancestral house in the name of late (Shri) Hajari Mal - the grand-father of the appellant - in the town of Pachpadra and the Certificate issued by the State Bank of Bikaner and Jaipur, Bhagat Ki Kothi Branch, Jodhpur, showing the posting of Mr. Madan Lai Soni - the father of the appellant - in the various branches of S.B.B.J. in the territory of Rajasthan between December, 1970 till 12.5.94. A bonafide certificate dated 1.1.91, issued by the Sub-Divisional Magistrate, Balotra, showing that Ashok Kumar (the brother of the appellant) is the Bonafide Resident of Rajasthan having domicile in Barmer district. The Sub-Divisional Magistrate called the report of the Tehsildar and the Tehsildar reported that there is one ancestral house of the appellant-petitioner in Pachpadra town but the petitioner or his father is living outside Pachpadra for the last twenty years. On the basis of this report of the Tehsildar, the learned Sub- Divisional Magistrate refused to grant bonafide resident certificate in favour of the appellant-petitioner. Dissatisfied with the order, passed by the learned Sub- Divisional Officer, Balotra, refusing to grant Bonafide Resident Certificate in favour of the petitioner-appellant, he preferred a writ petition before this Court which was dismissed by the learned Single Judge vide Order dated 2.9.94 and it is against this order that the appellant has preferred this special appeal. 2. Appellant's father Mr. Madan Lai Soni is in the service of the State Bank of Bikaner and Jaipur since 1970. His postings, since the date of his appointment till today, have been in the various Branches of the State Bank of Bikaner and Jaipur within the territory of Rajasthan itself. He served at Jaisalmer for about 11/2 years between December, 1970 to June, 1972, A.D.B., Sheoganj (district Sirohi) between June 1972 to February, 1987, Kankroli from March, 1987 to June, 1987, Ladnu from July 1987 to June 1989, Chauhtan from July 1989 to February, 1994 and Bhagat Ki Kothi, Jodhpur, from February, 1994 till today. He served at Jaisalmer for about 11/2 years between December, 1970 to June, 1972, A.D.B., Sheoganj (district Sirohi) between June 1972 to February, 1987, Kankroli from March, 1987 to June, 1987, Ladnu from July 1987 to June 1989, Chauhtan from July 1989 to February, 1994 and Bhagat Ki Kothi, Jodhpur, from February, 1994 till today. Appellant's father is in the service of the S.B.B.J. and remained throughout his service career in Rajasthan itself. While rejecting the application of the appellant- petitioner for the grant of Bonafide Residence Certificate, the learned Sub-Divisional Magistrate, Balotra, has taken into consideration the report of the Tehsildar showing that the petitioner's father is not residing in village Pachpadra for the last twenty years. The appellant-petitioner or his father nowhere claims that they are residing at Pachpadra. Their only submission is that they own an ancestral house in Pachpadra town and as per the Rules relating to grant of bonafide resident certificate he fulfils all the requisite conditions and the appellant is a bonafide resident in the State of Rajasthan, his father is a bonafide resident of Rajasthan, they own a property in the State of Rajasthan for last more than ten years and the appellant's father is serving in the State Bank of Bikaner and Jaipur which is a Nationalised Bank, since 1970. While rejecting the application of the appellant-petitioner for the grant of Bonafide Certificate, the learned Sub-Divisonal Magistrate has not taken into consideration the relevant Rules for the grant of Bonafide Certificate. He merely acted upon the report of the Tehsildar. The rejection of the application of the appellant-petitioner for the grant of Bonafide Residence Certificate on the basis of the report of the Tehsildar showing that the petitioner's father is not residing in Pachpadra town for the last twenty years, was not proper. The learned Sub-Divisional Magistrate should have considered the relevant Rules issued by the State Government for the grant of Bonafide Residence Certificate and should have passed the order after considering the relevant Rules. As the learned Sub-Divisional Magistrate has not considered the relevant Rules and dismissed the application of the appellant-petitioner merely on the basis of the report of the Tehsildar, the order passed by the learned Sub-Divisional Magistrate, Balotra, therefore, deserves to be quashed and set-aside and the matter requires re-consideration by him in accordance with law. 3. As the learned Sub-Divisional Magistrate has not considered the relevant Rules and dismissed the application of the appellant-petitioner merely on the basis of the report of the Tehsildar, the order passed by the learned Sub-Divisional Magistrate, Balotra, therefore, deserves to be quashed and set-aside and the matter requires re-consideration by him in accordance with law. 3. In the result, the appeal, filed by the appellant- petitioner, is allowed. The order dated 2.9.94, passed by the learned Single Judge as well as the order dated 14.7.94, passed by the learned Sub-Divisional Magistrate, Balotra, refusing. to grant Bonafide Residence Certificate to the appellant-petitioner, are quashed and set-aside and the learned Sub-Divisional Magistrate, Balotra, is directed to reconsider the case of the petitioner - appellant for the grant of Bonafide Residence Certificate in accordance with law.Writ Petition Allowed. *******