WP(C) 5546/2009 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY JUDGEMENT & ORDER (ORAL) Heard Mr. R.C.Das, learned counsel for the petitioners and Ms. U sha Baruah, learned standing counsel, ASTC assisted by Mr. B Sarma, learned coun sel for the respondents. 2. The petitioners are educated unemployed youths hailing from very poor families. They approached the respondent-ASTC authorities and got allotmen t of vacant space at ASTC Station Campus for parking six wheelers vehicle (Mini Bus). The allotment order was communicated by the Chief Engineer (A & T) under A STC vide No.ASTC/CE/6691/272 dated 3.9.2008. The lease was granted for a period of three years from the date of allotment. On the basis of the aforesaid allotme nt order the petitioners were running parking space by paying necessary dues to the ASTC authority. While they were running the parking space they received the communication dated 24.1.2009 cancelling the allotment order dated 3.9.2008 and terminating the agreement executed on 19.12.08. In the termination order the r easons have been given, which are mostly on the basis of some complaints receive d from some local organization. 3. Mr. Das, learned counsel for the petitioners submits that the im pugned order dated 24.1.2009 was issued without any notice and giving any opport unity of hearing which is violative of Articles 14 and 21 of the Constitution o f India and also the basic principle of natural justice. The impugned cancella tion order, as submitted by the learned counsel for the petitioners is arbitrary , illegal and unreasonable and as such the same is liable to be set aside and qu ashed. 4. The respondents-ASTC has filed a counter affidavit. The basic st and of the ASTC is reflected in paragraph 10 of their counter affidavit which ar e reproduced below: 10. That the Statements made in paragraph 10 and 12 of the Writ Petition being matters of record the deponent does not admit any statement made therein that a re contrary to and inconsistent with records. In this connection the deponent st ates that the Corporation had to cancel the allotment of the parking space of th e six wheelers at ASTC Bus Complex at Bilasipara on the basis of the report of t he Station Superintendent, Dhubri dated 12.01.09 and on public interest. It was reported by the Station Superintendent, Dhubri, who is the Controlling Officer o f the Bilasipara Station that since the four wheelers vehicles are already using the parking space along with the ASTC buses and the private buses running under the banner of the ASTC, there was no space inside the ASTC Bus Complex at bilas ipara for parking of the six wheeler Mini Buses. It be further mentioned herein that the allotment of the space for parking of MINI buses was made on request o f the petitioners without inviting any tender. Protesting against the said allot ment a group of unemployed youth under the banner of NSUI had gathered inside th e Bilasipara Bus Station complex and forcibly locked the office room. Later on t he officer room was opened with the help of police. That apart a large number of ladies had also staged dharna in the premises of Bilasipara campus protesting a gainst the allotment of the space for parking of six wheelers. The order of canc ellation of the allotment was made in the interest of the Corporation as well as the interest of the general public. 5. It appears from the aforesaid affidavit that now the respondents -ASTC by now requires the space given on lease to the petitioners for its own use, and in fact, they are using the said space for parking four wheeler vehicle s. Besides, the lease period of three years is going to expire soon. 6. The respondent-ASTC might have reasons for cancelling the allotm ent but the procedure adopted by it is not at all approvable inasmuch as it has become admitted position that no notice was issued and no opportunity was give n to the petitioners before issuing the impugned cancellation order and thereby they violated the principles of natural justice. Such order cannot stand the ju dicial review and as such this court is inclined to set aside the impugned cance llation order dated 24.1.2009. Accordingly the impugned cancellation order stand s quashed and set aside. Writ petition stands allowed. However, respondent-ASTC authority is given opportunity to initiate fresh action for cancellation of the allotment by giving notice and due opportunity of hearing to the petitioners. 7. Be it made clear that the petitioners shall be allowed to enter into the ASTC premises in question till necessary order is passed afresh by t he authority concerned.