ROMESH GUPTA Vs. STATE THROUGH HOUSING DEPARTMENT

JUDGEMENT

(1.) Impugned in this batch of petitions are the orders issued by respondent No.4, whereby, the allotment of different plots of different sizes made in favour of the petitioners has been cancelled for violating the conditions of allotment. The impugned orders have been assailed by the petitioners in all these petitions, primarily, on the ground that these orders have been issued by the respondent No.4 in violation of principles of natural justice and without complying with the mandate of Section 40 of the J&K Housing Board Act, 1976 (hereinafter "the Act" for short).

(2.) Having regard to the fact that all these petitions involve the determination of identical questions of law and fact, these petitions have been clubbed together and are being decided by this common judgment.

(3.) Having heard the learned counsel for the parties and perused the record, it would be necessary to first set out Section 40 of the Act, which has been heavily relied upon by the petitioner to assail the impugned notice. Section 40 of the Act reads as under: