CWP No.1818 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1818 of 2010 Date of decision:04.08.2010 Amardeep Singh Sandhu ...... Petitioner VERSUS Commissioner, Patiala Division, Patiala and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.M.S.Kang, Advocate for the petitioner. Ms.Anu Pal, AAG, Punjab for the respondents. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the orders dated 26.06.2008, 29.07.2008 and 19.08.2009, passed by the Sales Commissioner-cum-SDM, Dera Bassi, District SAS Nagar, Mohali, the Deputy Commissioner-cum-Chief Sales Commissioner, SAS Nagar, Mohali and the Divisional Commissioner, Patiala Division, Patiala, respectively. Counsel for the petitioner submits that the allotment made to the petitioner was cancelled without service of a show cause notice or affording an opportunity of hearing. As the petitioner was not afforded an opportunity to defend the proposed cancellation, the impugned orders are illegal and void. Counsel for the State of Punjab, admits on instructions from Sh.Deen Dyal, Senior Assistant, Tehsil Office, Dera Bassi, that no show CWP No.1818 of 2010 -2- cause notice was served upon the petitioner nor was he afforded an opportunity of hearing before the allotment was cancelled. Heard. The petitioner was allotted the land in dispute by the Tehsildar Sales-cum-SO, Rajpura, District, Patiala. The petitioner deposited 1/4th of the total price on 30.03.1992. The balance amount was deposited on 06.04.1993 and 09.11.1996. A conveyance deed was registered in favour of the petitioner on 20.05.1997. Thereafter, without service of a show cause notice or affording an opportunity of hearing to the petitioner, the Sales Commissioner-cum-SDM, Dera Bassi, cancelled the allotment by holding that as the land allotted to the petitioner falls within Abadi Deh, it is not package deal property. Admittedly, the Sales Commissioner-cum-SDM, cancelled the allotment on 26.06.2008 without service of a show cause notice or affording an opportunity of hearing to the petitioner. The impugned order violates the principles of natural justice and must therefore, be set aside. As a necessary consequence, the orders passed in appeal and revision must also meet the same fate. In view of what has been stated hereinabove, the writ petition is allowed, the orders dated 26.06.2008, 29.07.2008 and 19.08.2009, passed by he Sales Commissioner-cum-SDM, Dera Bassi, District SAS Nagar, Mohali, the Deputy Commissioner-cum-Chief Sales Commissioner, SAS Nagar, Mohali and the Divisional Commissioner, Patiala Division, Patiala, are set aside and the matter is remitted to the Sales Commissioner-cum- SDM, Dera Bassi, District SAS Nagar, Mohali, to decide the matter with CWP No.1818 of 2010 -3- respect to cancellation of the petitioner's allotment of land, afresh after affording an opportunity to the petitioner to show cause against the proposed cancellation of land. Parties are directed to appear before the Sales Commissioner- cum-SDM, Dera Bassi, District SAS Nagar, Mohali, on 08.10.2010. 04.08.2010 [RAJIVE BHALLA] shamsher JUDGE