HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH: Hon'ble Shri S.R. Nayak, CJ Writ Petition No. 5140 OF 2005 PETITIONER Padam Kumar Jain, son of Late Manak Chand Jain, aged 42 years, resident of B-501, Ashoka Ratna, Wdhan Sabha Road, Raipur Versus RESPONDENTS Chhattisgarh Housing Board, a body corporate constttuted under the relevant provisions of Chhattisgarh Greh Nirmaan Mandal Adhiniyam, 1972, Division Office No. 1, Shankar Nagar, Raipur. The Executive Engineer, Chhattisgarh Housing Board, Division Office No. 1, Shankar Nagar, Raipur. Present: Shri B.P. Sharma, learned counsel for the petitioner. Shri Sanjay Patel, learned counsel for the respondents. ORAL ORDER (Passed on 20m of January 2006) The action of the first respondent Housing Board canceling the aSlotment of the subject plot eariier made in favour of the petitioner has been assailed in this writ petition amongst other grounds on the ground that the impugned action was not preceded by any notice to the petltioner and thereby completely denyjng opportunity of being heard. The first respondent Housing Board before canceling the allotment ought to have issued ncrtice to the petitioner and ought to have given him a fair opportunity to make his representation with regard to the proposed action. The impugned action suffers from vice of infraction of principles of nahiral -2.- ^rnM- justice and fair play in action. On that short ground, Ihe impugned order cannot be sustained in law. The writ petition is allovwd and impugned order is quashed. This order, however, shall not come in the way of the first respondent Housing Bowd from initiatlng appropriate action, if they are so advised, to cancel the allotment of the ptot made in favour of the petitioner on any permissibte tegal grounds, but, it can do so only after issuing notice to the petitioner and gwing him a fair opportumty of being heard- AIJ the contentions raisod in this writ petition touohing merite ofthe matter are left open to be agitated at an appropriate stage. No costs. Sd/-,- Chief Justice