CWP(T) No. 14899 of 2008 26.4.2010 Present:- Mr. A.K.Gupta, counsel for the petitioner. Mr. R.K.Sharma, Addl. Senior Advocate General with Mr. P.K.Sharma, Addl. A.G. and Mrs. Shubh Mahajan, DAG for the respondents. In the petition Annexure P-2 dated 29.1.2007 has been assailed. The learned counsel for the petitioner has submitted that Annexure P-2 dated 29.1.2007 has been issued without hearing the petitioner and without following the principle of natural justice. He has submitted that Annexure P-2 on this ground is liable to be quashed. The learned Senior Additional Advocate General has not denied the fact that Annexure P-2 dated 29.1.2007 has been issued without notice to the petitioner. He has also not denied the submission of the learned counsel for the petitioner that before issuing notice Annexure P-2 some notice should have been given to the petitioner.The learned counsel for the petitioner has submitted that the present petition is covered by the judgment dated 18.3.2010 passed by Division Bench in CWP No. 5018 of 2009. The learned Senior Additional Advocate General has not denied that the present case is covered by the judgment dated 18.3.2010, rather he has submitted that the case is covered by the judgment dated 18.3.2010. The relevant part of the judgment dated 18.3.2010 is as follows:- “There cannot be unjust enrichment either. However, we make it clear that in case the petitioner is in a position to justify the fixation, the matter has to be looked into by the Authority. Therefore, we quash Annexure P-2 enabling the Authority to pass fresh order with notice to the petitioner. The recovery already effected will be subject to the order to be passed by the Authority.” - 2 - 2. The learned counsel for the petitioner has submitted that in the present case no recovery has been made from the petitioner. In view of judgment dated 18.3.2010 passed in CWP No. 5018 of 2009 the petition is allowed. The Annexure P-2 dated 29.1.2007 is quashed. The respondent No.2 is at liberty to look into the matter and pass appropriate order after notice to the petitioner. The writ petition stands disposed of on above terms. April 26, 2010. ( Kuldip Singh ) (GR) Judge.