High Court of Punjab and Haryana, Chandigarh
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Harbans Kaur & Ors v. State of Punjab & Ors - CWP-16306-2004  RD-P&H 4217 (17 July 2006)
CIVIL WRIT PETITION NO. 16306 OF 2004
DATE OF DECISION: JULY 20, 2006
Harbans Kaur and others
State of Punjab etc.
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE PRITAM PAL
PRESENT: Mr. R.S. Chauhan,
Advocate, for the petitioner.
Mr. P.S.Chhina, Addl. A.G., Punjab;
Mr. Narender Lucki, Advocate
JASBIR SINGH, J. (oral)
Petitioners have filed this writ petition with a prayer to quash order dated July 13, 2004 (Annexure P-3), vide which land, allotted in favour of their predecessor-in-interest, was cancelled. It is case of the petitioners that the land in dispute was allotted to husband of the petitioner No. 1 and father of petitioners No. 2 and 3 way back on July 2, 1960. The same has now been cancelled without even issuing any notice to the petitioners. It has been so said by the petitioners in para No. 4 of this writ petition. In reply thereto and at the time of arguments, it has very fairly been admitted by the State counsel and also Shri Narinder Lucki, Advocate, for the complainant, that before cancellation of the land in dispute, no notice was issued to the petitioners. If that is so, this Court feels that the order under challenge cannot be sustained in view of violation of the principles of natural justice. A valuable right of the petitioners had been taken away and as such it was necessary to issue notice to them before cancellation order was passed.
In view of facts, mentioned above, this writ petition is allowed and the order under challenge is set aside. Petitioners are directed to appear before the Collector on August 29, 2006, who shall pass the order, as per law, after hearing them.
( Jasbir Singh )
( Pritam Pal )
July 20, 2006. Judge
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