LAWS(P&H)-2006-7-381

HARPREET SINGH Vs. STATE OF PUNJAB

Decided On July 18, 2006
HARPREET SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Notice of motion to the respondents. On the asking of Court, Shri Sukhdip Singh Brar, Additional Advocate General, Punjab accepts notice on behalf of the respondents. The petitioners have approached this Court challenging the demand notices (Annexures P.5 and P.6) to them by the Estate Officer, Urban Estates, Patiala.

(2.) The learned counsel for the petitioners has argued that before the demand was raised against the petitioners, neither any show cause notice was served upon the petitioners nor an opportunity of hearing was provided to him. From the perusal of pleadings in the present petition and also from the perusal of the notices (Annexures P.5 and P.6), we are satisfied that the grievance made by the petitioners is justified.

(3.) Consequently, we allow the present petition and quash the notices (Annexures P.5 and P.6) with a liberty to the respondent No.3, Estate Officer, Urban Estates, Punjab to raise a fresh demand against the petitioners, if required, in accordance with law and by following the principles of natural justice and by service a show cause notice upon the petitioners at the first instance and by considering their reply. A copy of the order be given dasti on payment of usual charges.