MADAN MOHAN RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners impugn the orders dated June 27, 1983 (Annexure P-1) and March 20, 1984 (Annexure P-2) by which the Extra Assistant Collector exercising the powers of the Collector under the Colonization of Government Lands (Punjab) Act, 1912 (hereinafter referred to as the Act) determined the amount of compensation which was recoverable from them. Thereafter, notices for recovery of the assessed amount were issued, copies of which have been produced as Annexures P-3 and P-11 to P-13. The short grievance made on behalf of the petitioners is that they were not given a due and reasonable opportunity to show cause before the impugned orders were passed.

(2.) A perusal of the order dated June 27, 1983 shows that notices dated February 17, 1983 are said to have been issued to the petitioners calling upon them to appear before the prescribed authority on March 3, 1983. Similarly a perusal of the order dated 20.3.1984 shows that notices dated October 11, 1983 are said to have been issued to the petitioners by which they were called upon to appear before the prescribed authority on October 24, 1983. It has been further observed in the orders that in spite of the service of the notices, the petitioners had not appeared. In the writ petition filed by the petitioners, it has been averred that "the petitioners were not served with any notice during the proceedigns under Section 34 of the Colonization of Government Lands Act, 1912, culminating into order Annexure P-1". In reply to this averment, the respondents have averred that Show Cause Notices were issued to the petitioners on April 29, 1983" to show cause on 23.5.83 as to why they unauthorisedly cultivated the Govt. land and why the assessed value of the crop at the rate of Rs. 2,000/- per acre be not recovered from them. These show cause notices were served upon them through Naib Tehsildar Colony, Patiala on 6.5.83 but as per report of Shri Dilip Singh Patwari, Colonization the petitioners refused to obtain a copy of the notice......". It has been further averred that "as the petitioners failed to send any reply to the above said show cause notice and to appear before the Extra Assistant Colonization Officer (exercising the powers of Collector under the Colonization of Govt. Lands Act, 1912) ex parte proceedings were taken against them and the competent authority under the provisions of the Colonization of Govt. Lands Act, 1912 passed necessary orders which are legally sound." The incongruity between the orders and the written statement is obvious. It has been said that notice dated February 17, 1983 was issued to the petitioners but in the written statement, reference has been made to the notice dated April 29, 1983. In respect of the notices relating to the order at Annexure P-2 the petitioners have categorically averred in para 21 of the writ petition that the notices were not served. In reply it has been inter alia averred that notices dated October 11, 1983 and February 13, 1984 were issued to the petitioners.

(3.) Taking the totality of the circumstances into consideration and without expressing any opinion on the merits of the controversy, it appears to be just and reasonable to direct the respondents to decide the matter afresh after hearing the petitioners.