CWP No.17459 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.17459 of 2007 Date of Decision: 15.12.2010 Hoshiar Singh and others .....Petitioners Vs. The Deputy Commissioner, Gurgaon ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. A.K. Chopra, Sr.Advocate with Mr. Harminder Singh, Advocate for the petitioners. Mr.Shruti Jain, Advocate for the respondent. .... RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of Certiorari for quashing the order dated 11.10.2007, passed by the Deputy Commissioner, Gurgaon. Counsel for the petitioners submits that merits of the case and the nature of the land apart, the Deputy Commissioner has directed the Naib Tehsildar, Garukh Nagar, Gurgaon, to make an entry in the revenue record, in accordance with the judgement and decree dated 13.1.1988, passed in RSA No.1766 of 1987, without affording an opportunity of hearing to the petitioners, who are bonafide purchasers of the land in dispute. Counsel for the State of Haryana submits that as the land in dispute is `Charagah', the petitioners have no right to purchase the land, CWP No.17459 of 2007 2 particularly after the passing of the decree dated 13.1.1988. As the petitioners do not have any right to be heard, whether by the Deputy Commissioner or in any other proceedings, the writ petition should be dismissed. I have heard counsel for the parties and perused the impugned order. The fact that the petitioners have purchased the land in dispute by way of 8 separate sale deeds bearing Nos.2168, 2165, 2162, 2163, 2786, 2167, 2169 and 2166 dated 10.11.2005 and mutations regarding these sale deeds have been entered in their names is not denied. The Deputy Commissioner has, however, ordered the Naib Tehsildar, Garukh Nagar, Gurgaon, to enter a mutation, on the basis of a judgement and decree dated 13.1.1988, passed in RSA No.1766 of 1987 and in view of the nature of the land. Whatever be the nature of the land or the rights of the petitioners therein, the impugned order could only have been passed after affording an opportunity of hearing to the petitioners. The order passed by the Deputy Commissioner is a nullity as it is violative of the principles of natural justice. In this view of the matter, the writ petition is allowed, the order dated 11.10.2007 is set aside and the matter is remitted to the Deputy Commissioner, Gurgaon, to reconsider the matter, particularly with respect to (a) the judgement and decree referred to in his order; (b) the nature of the land ; (c ) whether the land is `Charagah' or not; (d) whether the land in dispute could have been purchased by the petitioners; (e) whether mutations in respect of these sale deeds have been wrongly recorded and (f) whether the sale deeds executed in favour of the petitioners create any right in their CWP No.17459 of 2007 3 favour. The Deputy Commissioner shall decide this matter within three months. Parties are directed to appear before the Deputy Commissioner, Gurgaon, on 4.2.2011. No order as to costs. 15.12.2010 (RAJIVE BHALLA) GS JUDGE