JAGJOT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) MR . Chaudhary, learned Sr. Deputy Advocate General, Punjab has handed over reply on behalf of the respondents in the Court in C.W.P. No. 19748 of 2010 and the same is taken on record. Mr. Chaudhary states that the same reply may be read for all the writ petitions.

(2.) FROM the perusal of Section 7(2)(b), I have no hesitation to hold that Tehsildar (Sales) or Naib -Tehsildar (Sales) or any other person duly authorised by Tehsildar (Sales) or Naib -Tehsildar (Sales) may pass order of eviction only after giving a reasonable opportunity of showing cause to the occupier. In the present case, no opportunity was ever granted to the petitioners before passing the impugned order (Annexure P/14).

(3.) ALL the writ petitions are allowed. Impugned orders dated 13.10.2010 are set aside. However, it is made clear that Tehsildar (Sales) may pass fresh order in accordance with law under Section 7(2)(b) of the Act after issuing show cause notice and hearing the petitioners. A photocopy of this order be placed on the files in connected cases.