CMPMO No. 701/2009 CMP No.1100/2009 07.01.2010 Present: Mr. Ajay Sharma, Advocate, for the petitioner. Mr. Vivek Thakur, Addl. A. G. with Mr. J. S. Rana, Asstt. A.G. for respondent No.1. Mr. Baldev Singh, Advocate, for respondents No.2 & 3. The petitioner herein has assailed the order dated 26.10.2009 primarily for the reason that she was not heard prior to the passing of the order. Record perused and returned. It is quite apparent that before the authority below petitioner’s counsel appeared on 15.12.2007 when the matter was adjourned for 5.1.2008. On 5.1.2008, the matter could not be taken as there was no Presiding Officer. As such according to the respondents, petitioner was informed of the next date of hearing by letter dated 30.5.2009. It is receipt of this letter and other subsequent communications issued by the respondents, which is seriously disputed by the petitioner. Without going into the question as to whether the petitioner actually received the communications, interest of justice demands that the petitioner be heard on merits before any adverse orders are passed by the appropriate authority. As such on this short ground alone, the impugned order dated 26.10.2009 is quashed. The parties are directed to appear before the appropriate authority on 12.1.2010. The appeal shall be decided after affording due opportunity of hearing to the parties in accordance with law. Since the matter pertains to the year 2007 and there are serious allegations of violation of municipal bye laws, it is expected of the authority to decide the appeal as expeditiously as possible and preferably before 30th April, 2010. The parties shall fully co- operate. With these observations, the present petition stands disposed of, so also the pending application. Copy dasti. ( Sanjay Karol ), Judge. January 07, 2010 (rana)