CWP No.9331 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9331 of 2007 Date of decision: 09.09.2010 Mukhtiar Singh and others ..... Petitioners Versus State of Punjab through Secretary, Revenue & Rehabilitation, Punjab, Chandigarh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.R.S.Chauhan, Advocate for the petitioners. Mr.C.S.Brar, DAG, Punjab for respondents. ***** RAJIVE BHALLA, J.(ORAL) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 29.05.2007, passed by the Deputy Commissioner, Ferozepur. Counsel for the petitioners submits that the petitioners are in possession of the land in dispute, since 1991. The land was transferred to the petitioners by the State of Punjab. A conveyance deed dated 24.06.2004 was executed and thereafter a mutation bearing no.2088 was also sanctioned in their favour. The Deputy Commissioner, Ferozepur, has passed an order dated 29.05.2007, cancelling the allotment without issuing any notice to the petitioners. It is prayed that as the order dated 29.05.2007 violates principles of natural justice, the writ petition should be allowed, the order dated 29.05.2007 should be set aside. Counsel for the State of Punjab, states on instructions from Kulwant Singh, Junior Assistant, Tehsil Office, that allotment has not been CWP No.9331 of 2007 -2- cancelled. The Deputy Commissioner has merely forwarded a report prepared by the Additional Deputy Commissioner (Development) Ferozepur, to the Sub Divisional Magistrate, Zira and the Divisional forest Officer, Ferozepur for further action. I have heard counsel for the parties. The land in dispute was admittedly allotted to the petitioners. The Additional Deputy Commissioner (Development) Ferozepur, forwarded a report to the Deputy Commissioner, pointing out certain illegalities in the allotment. The Deputy Commissioner, has passed the following order: - “I agree with the findings of the enquiry officer. Further necessary action as per findings of the enquiry officer may be taken and report sent to the undersigned at the earliest.” A perusal of this order reveals that allotment has not been cancelled as the Deputy Commissioner has merely forwarded the report to the Sub Divisional Magistrate, Zira and the Divisional Forest Officer, Ferozepur, for further proceedings. The petition is therefore, pre-mature and is disposed of accordingly. The Sub Divisional Magistrate, Zira is however directed that before he passes an order, he shall afford an opportunity of hearing to the petitioners. During the pendency of proceedings before the Sub Divisional Magistrate, Zira, the dispossession of the petitioners shall remain stayed. 09.09.2010 [ RAJIVE BHALLA ] shamsher JUDGE