ZEENATH BANU Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) LEARNED High Court government Pleader is directed to take notice on behalf of the respondents.

(2.) THE petitioners are seeking to quash the impugned order at Annexure-D dated 16. 7. 2004 passed by the Assistant Commissioner canceling the order at Annexure-C-1 passed by him. By that order the Asst. Commissioner granted permission to the petitioners to alienate the land in Sy. No. 1 measuring 5. 03 acres of Badepur village. In respect of the said land the Land Tribunal conferred occupancy rights in favour of the petitioners. The grievance of the petitioners is that the impugned order is passed in violation of principles of natural justice.

(3.) IT is no doubt true that the impugned order is passed without hearing the petitioners and it is violative of principles of natural justice. But, the former order at Annexure-C1 granting permission to alienate the land was nullity in the eye of law as the Asst. Commissioner had no competency to grant permission for alienation. In the decision reported in A. I. R 1966 SC 829 it is held that if the earlier order is vitiated, the subsequent order cannot cure the illegality. An illegal order is always illegal and will not confer any right upon any person.