BHAWANIDEEN & OTHERS versus EXE. ENGINEER, IRRIGATION DEPARTMENT & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Bhawanideen & Others v. Exe. Engineer, Irrigation Department & Another - WRIT - C No. 26264 of 2001 [2006] RD-AH 20095 (28 November 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 26264 of 2001

HON'BLE YATINDRA SINGH, J

HON'BLE RAN VIJAI SINGH, J.

1. This is a writ petition against the order dated 28.5.2001 which was communicated by letter dated 4.7.2001 cancelling the lease of the petitioner.

2. We have heard counsel for the petitioners and the standing counsel for the respondents.

3. The petitioners in paragraph 18 of the writ petition have stated that no opportunity was given before cancelling the lease deed of the petitioners. In view of this, the order dated 28.5.2001 as communicated by letter dated 4.7.2001 are quashed.  It is open to the respondents to pass fresh order after giving opportunity to the petitioners.  With these observations the writ petition is allowed.

Date: 28.11.2006

BBL

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