!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.4404/2007 (Khidmat-E Khalk Society Vs. State & Ors.) Date of order :: 22.01.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Tribhuvan Gupta, for the petitioners. Mr.Praveen Mohan Vyas, for the applicant. Heard learned counsel for the petitioner as well as learned counsel for the applicant – Ameer Mohd. S/o Late Mr.Haji Ahmed Shah. Upon perusal of order Annexure-5 dated 05th July, 2007, it clearly appears that no objection certificate was cancelled by the Rajasthan Board of Muslim Wakfs, Jaleb Chowk, Jaipur. The contention of learned counsel for the petitioner is that the said order was passed without providing opportunity of hearing to the petitioner. Earlier, no objection certificate was granted vide Annexure-P/4. Now vide Annexure-P/5 !! 2 !! the said no objection certificate has been cancelled. In my opinion, no order can be passed without providing opportunity of hearing to the petitioner. In this view of the matter, Annexure-P/5 dated 05th July, 2007 passed by the respondents is hereby set aside. However, respondents are at liberty to pass fresh order after providing opportunity of hearing to the petitioner as well as applicant. With the above observation/direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-