CWP No.17134 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.17134 of 2006 Date of Decision: 15.3.2010 Managing Committee, Guru Nanak Khalsa College and another .....Petitioners Vs. Punjab Wakf Board, Punjab and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Naresh Prabhakar, Advocate for the petitioners. Mr. Parminder Singh, Advocate for the respondents. .... RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of Certiorari for quashing the order dated 4.5.2006, passed by the Punjab Wakf Board, Chandigarh. The dispute in the present case falls within a narrow compass and can be disposed of on a preliminary issue namely, the lack of a service of a show cause notice to the petitioners before cancellation of the lease. Admittedly, the Punjab Wakf Board granted a lease in favour of Guru Nanak Khalsa College and cancelled the lease without any notice. Counsel for the petitioners submits that a similar order cancelling the lease was impugned before this court in CWP No.2928 of 1985, Guru Nanak Khalsa College, Sultanpur Lodhi Vs. The Secretary, CWP No.17134 of 2006 2 Punjab Wakf Board, Ambala Cantt. The writ petition was allowed by directing the respondents, to afford an opportunity of hearing to the petitioners before proceeding any further in the matter. Counsel for the respondents, however, states that as the lease has come to an end by efflux of time, there is no need to grant an opportunity of hearing to the petitioners. I have heard counsel for the parties and perused the impugned order. A perusal of the order dated 4.5.2006 discloses that the lease has been cancelled on the plea that the managing committee is not in possession of the land, a fact seriously contested by the petitioners. It is, however, not denied that no opportunity of hearing was granted to the petitioners before cancellation of the lease. While dealing with a similar order of cancellation of lease deed between the same parties, this court in CWP No.2928 of 1985 (Guru Nanak Khalsa College, Sultanpur Lodhi V. The Secretary, Punjab Wakf Board, Ambala Cantt.) held as under :- “I have heard Shri Amit Mehta, counsel for the petitioner and perused the record. In my opinion, the impugned decision is liable to be nullified on account of violation of the rule of hearing. The cancellation of allotment of land made in favour of the petitioner definitely visited it with adverse civil consequences. Therefore, the Board was duty bound to give an action-oriented notice and an effective opportunity of hearing to the petitioner to meet the allegation of non-fulfilment of the conditions of lease and violation of the terms and conditions of allotment. Admittedly, neither any notice was given to the CWP No.17134 of 2006 3 petitioner nor its representative was afforded opportunity of hearing. Thus, there is no escape from the conclusion that the impugned decision is violative of the rule of audi alteram partem.” In view of the above judgement, the writ petition is allowed. However, instead of setting aside the order dated 4.5.2006, the order shall be read as a notice to show cause why the lease be not cancelled. The petitioners shall be entitled to file a reply within 15 days of the receipt of a certified copy of this order. The authority under the Wakf Act shall decide the show cause notice 15 days thereafter, whereafter parties shall be free to seek their remedy in accordance with law. No order as to costs. 15.3.2010 (RAJIVE BHALLA) GS JUDGE