Harish Bhati vs. Commissioner, Nagar Nigam,Jodhpur & Ors. S.B.Civil Writ Petition No.6461/07 Dated:- 2.11.2007. HON'BLE MR.JUSTICE SANGEET LODHA Mr. Vinay Jain, for the petitioner. Mr.Yashwant Mehta, for the respondents nos. 1 to 3. Mr. S.K.Gupta, for the respondent no.4. This writ petition is directed against order dated 25th August, 2007(Annexure 4) passed by Divisional Commissioner, Jodhpur in municipal revision No.14/04, whereby the revision petition preferred by the respondent no.4 herein has been allowed and the lease deed dated 7.6.2004 of the strip of land executed in favour of the petitioner herein in pursuance of the resolution adopted by the Executive Committee of the Municipal Corporation, Jodhpur, in its meeting held on 5.2.2003, has been cancelled. Bereft the unnecessary details, the relevant facts are that the petitioner is holding a land at Bhati Chauraha, Ratanada, Jodhpur. It is stated that adjacent to his Pattasud land, there was a strip land lying vacant for last 2-3 decades. On an application being preferred by the petitioner, strip land ad measuring 328 sq. ft. was allotted to him on payment of market price in pursuance of decision taken by the Executive Committee of Municipal Corporation. The petitioner deposited the cost of the land so also the lease money. Accordingly, on 6.7.2004 a lease deed was executed by the Municipal Corporation in favour of the petitioner. The validity of the lease deed issued in favour of the petitioner was challenged by the respondent no. 4 by way of revision petition u/s 300 of the Rajasthan Municipalities Act, 1959 before the Divisional Commissioner, Jodhpur, wherein the petitioner was not impleaded as party respondent. After hearing the parties to the proceedings, the Divisional Commissioner has allowed the revision petition vide order dated 25th August, 2007 and accordingly, the lease deed dated 6.7.2004 executed in favour of the petitioner, in pursuance of resolution dated 5.2.2003 adopted by the Executive Committee of Municipal Corporation ,has been cancelled. Hence this petition. It is not in dispute between the parties that the petitioner was not impleaded as party respondent in the revision petition and before cancelling the lease deed issued in his favour, no opportunity of hearing whatsoever was afforded by the Divisional Commissioner to the petitioner. Thus, the order impugned has been passed by the Divisional Commissioner in gross violation of elementary principles of natural justice and the same is not sustainable in the eye of law. Accordingly, the writ petition is allowed. The order impugned dated 25th August, 2007 (Annexure 4) is quashed and set aside. The matter is remanded back to the Divisional Commissioner to pass appropriate order after impleading the petitioner as party respondent in the matter and giving him an adequate opportunity of hearing in accordance with law. The parties shall appear before the Divisional Commissioner, Jodhpur on 3.12.2007. The writ petition stands allowed as indicated above with no order as to costs. (SANGEET LODHA),J.