GRAM PANCHAYAT UDHOWAL Vs. ADDITIONAL DIRECTOR CONSOLIDATION PUNJAB

JUDGEMENT

(1.) Vide order dated 31st March, 1982 passed by the Additional Director, Consolidation of Holdings, Punjab, Jullundur, (Annexure P-4) the application of respondent No. 2 was accepted and he was allowed a passage through Khasra No. 56-M West belonging to the petitioner Gram Panchayat of Udhowal, Tehsil Batala, District Gurdaspur. The only objection of the petitioner in this petition is that is was not heard by the Additional Director while passing the order (Annexure P-4). It is to be noted that the Additional Director himself recorded in the impugned order, the Gram Panchayat to be the owner of Khasra No. 56-M West out of which land measuring 1 Kanal 18 Marlas, has been taken out to be included in the passage allowed in favour of the petitioners. There is no mention in the order (Annexure P-4), if the petitioner Gram Panchayat was ever heard. Even Shri Mahajan, learned counsel for the respondents has conceded that the Gram Panchayat was not given an opportunity of hearing at that time.

(2.) No orders adversely affecting the proprietary rights of a person, body or institution can be passed by the authorities without hearing the affected parties. The impugned order (Annexure P-4) on this point is bad and is required to be quashed. We, therefore, accept, the petition and quash the orders (Annexure P-4). No costs.

(3.) Respondent No. 2 if so advised may take fresh appropriate proceedings.