CWP No.12491 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12491 of 2009 Date of decision:16.08.2010 Sant Vijay Muni Cheli Mahant Jamna Dass ...... Petitioner VERSUS Commissioner, Jalandhar Division, Jalandhar and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.P.K.Gupta, Advocate for the petitioner. Mr.C.S.Brar, DAG, Punjab for respondent no.1. Mr.Narinder Lucky, Advocate for Mr.Rajiv Dhawan, Advocate for respondent no.2. ***** RAJIVE BHALLA.J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 19.05.2009, passed by the Commissioner, Jalandhar Division, Jalandhar, without affording an opportunity of hearing. Counsel for the petitioner submits that the Commissioner, was statutorily bound to serve a notice upon the petitioner before deciding the appeal. The impugned order accepting the appeal has been passed without issuing any notice to the petitioner is therefore, null and void. Counsel for respondent no.2 submits that as the Commissioner, merely directed the Collector, to decide the case on merits, the impugned order does not adversely affect the petitioner's rights and should therefore, be affirmed. I have heard counsel for the parties, perused the order dated 19.05.2009 and have no hesitation in holding that the impugned order is CWP No.12491 of 2009 -2- null and void. The appeal filed by respondent no.2 was allowed and orders dated 24.03.2009 and 15.01.2009, passed by the Collector, Hoshiarpur, were set aside, without issuing any notice to the petitioner. The impugned order is therefore a nullity being violative of the principles of natural justice. In this view of the matter, the writ petition is allowed, the order dated 19.05.2009 is set aside and the appeal is restored to the court of the Commissioner, Jalandhar Division, Jalandhar, who shall decide the appeal within two months from the receipt of a certified copy of this order. Parties are directed to appear before the Commissioner, Jalandhar Division, Jalandhar, on 23.09.2010. 16.08.2010 [RAJIVE BHALLA] shamsher JUDGE