GURDAS RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of C.W.P. Nos. 1147 to 1149, 1358, 2649 and 2650 of 1973, as common question of law arises therein. For facility of reference, the facts of C.W.P. No. 1358 of 1973, are being noticed in this judgment.

(2.) The petitioner as a member of Backward Classes and landless person applied for allotment of evacuee land which was allotted to him by an Advisory Committee and an agreement of lease for a period of five years was executed by the Tehsildar in the name of the Governor of Punjab in favour of the petitioner. In pursuance of the agreement, he was given possession. Later on, the Deputy Commissioner, Hoshiarpur, who admittedly is the authorised person to make allotments passed order dated 8th of September, 1971, Annexure 'C' whereby he cancelled the allotment of land. Against order Annexure 'C' the petitioner took the matter in appeal before the Commissioner, Jullundur Division, which was rejected as being not competent, by order dated 5th of March, 1973, copy Annexure 'E'. Thereafter, the petitioner has come to this Court in writ petition and has challenged the order Annexure 'C' on the sole ground that the same has been passed by the Deputy Commissioner without affording hearing to him before passing the same.

(3.) In the return, the State has not disputed the fact that before passing the order of cancellation of the allotment, the petitioner was not heard but it is urged that the allotment itself was bad in law as not having been made by an authorised person. It is highlighted that allotment could only be made by Deputy Commissioner by draw of lots in the presence of the Advisory Committee as is clear from the instructions on which the petitioner himself relies and, therefore, it is urged that the petitioner was not entitled to be heard before passing an order of cancellation.