Civil Writ Petition No. 9057 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 9057 of 2009 Date of Order: 07.07.2010 Jagjeet Singh & others ....Petitioners Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Arun Jindal ,Advocate for the petitioners. Mr. C.S.Brar, DAG, Punjab for respondents no.1 to 4 Mr. Bhoop Singh, Advocate for respondents no.5 to 13. RAJIVE BHALLA, J (Oral). The petitioners pray for issuance of a writ in the nature of certiorari for quashing the orders dated 27.02.2008, 08.09.2008 and 17.12.2008, passed by Deputy Collector, BML Division, Patiala, the Divisional Canal Officer, Patiala and the Superintending Canal Officer, Patiala, ordering the change of warabandi and dismissing their appeal and revision. Counsel for the petitioners submits that the Deputy Collector has altered the “warabandi” without service of any notice or affording an opportunity to the petitioner to show cause against the proposed change of “warabandi”. It is prayed that in view of this error, the impugned orders should be set aside and the matter should be remitted to the Deputy Collector to decide the matter afresh. Civil Writ Petition No. 9057 of 2009 -2- Counsel for the State of Punjab, fairly concedes, on the basis of the record furnished by Shri Hari Om, Canal Patwari, Patiala that Deputy Collector passed the impugned order without effecting service upon the petitioners. Counsel for the private respondents submits that as the petitioners filed an appeal and thereafter a revision, without raising any such plea, they cannot be permitted to raise such a plea before this court. I have heard counsel for the parties, perused the impugned orders and in view of the record based statement, made by counsel for the State of Punjab, it is apparent that the Deputy Collector did not serve the petitioners before changing the “warabandi”. The order passed by the Deputy Collector is violative of the principles of natural justice and is, therefore, a nullity. In view of what has been stated hereinabove, the writ petition is allowed, the orders dated 27.02.2008, 08.09.2008 and 17.12.2008 are set aside and the matter is remitted to the Deputy Collector, Patiala, to decide the application for change of warabandi afresh and in accordance with law, after affording an opportunity of hearing to the petitioners. Parties are directed to appear before the Deputy Collector, on 26.08.2010. July 07, 2010 (RAJIVE BHALLA) nt JUDGE