AB HAMID ZARGAR Vs. STATE

JUDGEMENT

(1.) THE petitioner herein seeks quashment of government order no. 49/HUD/LSGof 1989 dt. 21.2.89 purporting to have been issued by second respondent, wherein allotment of land to petitioner under government order no. LSG -23/MC/88 dated 21.2.1989 was cancelled reportedly as desired by the then Chief Minister. Grounds pleaded are that the impugned order has been passed without giving petitioner, who suffered there under opportunity of being heard, which involves gross violation of Principle of Natural Justice, particularly because possession of the land in question having been with petitioner for a pretty long time he could not be pushed out in the casual manner as sought to be done by second respondent as said above, particularly because respondents had no right of reentry over the piece of land already leased out to petitioner for a period of 40 years w.e.f 10.11.1988.

(2.) IN their objections, respondents have inter alia pleaded that previous to present petition, another petition being no OWP 242/98 of 1998 filed by one Mushtaq Ahmad Sofi, effected by the impugned order, was instituted in this court which has been finally disposed of in terms of court order dated 3.9.1998, and as a matter of fact, that decision governs the present petition also. During course of submissions the counsel for parties, have reiterated the contents of their respective pleadings.

(3.) I have heard learned counsel and considered the matter. Perusal of interim orders reveals that the petition has been admitted as far back as on 24th April 1990 and right there from, continuous opportunities have been granted to respondents for filing counter affidavit, which they have failed to file till date, even despite last opportunity granted vide interim order dated 23 March 2005, where after the matter was again listed in the court while nobody appeared. In view of respondents continuous failure to file counter affidavit for as many as 15 years, the right to file the same is closed, and the matter taken up for disposal.