S.B. CIVIL WRIT PETITION NO.620/2008 Date of order :: 25.1.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Kuldeep Mathur, for the petitioner. Mr.O.P. Boob, Addl. Govt. Counsellor. Heard learned counsel for the parties. In this case, the petitioner is challenging the order dated 02nd January, 2008 passed by learned Sub-Divisional Magistrate, Barmer whereby the order dated 02nd November, 2004 was made confirmed and SHO, Police Station Sadar, Barmer was directed to comply the said order. It is contended by learned counsel for the petitioner that the said order has been passed without hearing the petitioner and in absence of his counsel. It is also submitted that no information whatsoever has been given by his counsel to him and the said order has been passed at his back. After perusing the order impugned dated 02nd January, 2008, it is clear that the said order has been passed without hearing the petitioner in absence of his counsel. Therefore, I am of the opinion, that the Executive Authorities while passing such an order are required to hear the parties concerned because it prejudices the case of either parties. Though in this case, counsel for the petitioner was not present but at least some time was to be granted and case was to be adjourned but it was not adjourned and without assigning any reasons the order has been passed in absence of counsel for the petitioner. Therefore, in the interest of justice, the order dated 02nd January, 2008 passed by learned Sub-Divisional Magistrate, Barmer is set aside. The case is remitted to the learned Sub-Divisional Magistrate, Barmer with a direction to decide the matter afresh after providing opportunity of hearing to both the parties. Learned counsel for the State is directed to inform the learned Sub-Divisional Magistrate, Barmer for adjudicating this matter afresh. Both the parties are directed to remain present before the learned Sub-Divisional Magistrate, Barmer on 08th February, 2008. Till then, the status quo as exists today, shall be maintained. Accordingly, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-