IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13460 of 2007 Date of decision: 1st September, 2010 Rajesh Kumar … Petitioner Versus Municipal Committee, Abohar and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gaurave Bhayyia, Advocate for the petitioner. Mr. Prem Kumar, Advocate for respondent No.1. Mr. Himanshu Raj, Assistant Advocate General, Haryana for respondents No.2 and 3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed seeking a writ in the nature of certiorari for quashing the order dated 29th May, 2007 (Annexure P3) passed by the Deputy Commissioner, Ferozepur and the orders dated 3rd August, 2006 and 25th September, 2006 (Annexures P-1 and P-2 respectively) passed by the Collector, Abohar. It is not disputed that order (Annexure P-1) was passed against the petitioner after he was proceeded against ex-parte. Counsel for the petitioner has raised serious objections regarding the manner in which the petitioner was proceeded against ex- parte. Counsel for the respondents have not been able to defend the order whereby the petitioner was proceeded against ex-parte. However, it is stated that a registered post was sent on the correct Civil Writ Petition No.13460 of 2007 address of the legal representatives of Subhash Chander and a proclamation was also issued. Counsel for the petitioner has submitted that it is nowhere mentioned in the order as to when the registered post was sent. Learned counsel has further stated that even it has not been stated that the registered post or the ordinary post ought to have been received by the petitioner and there is a presumption of service. Learned counsel has submitted that even the acknowledgement was not received. Counsel for the respondent, to controvert the submissions made by Mr. Bhayyia, has stated that the registered covers were received back un-served. Without going into the details, this Court is of the opinion that principle of fair play and balance of equities demand that the petitioner should be heard before any order is passed, detrimental to his interest. Accordingly, order (Annexure P-1) and all the subsequent orders are hereby set aside and the matter is remanded back to the Assistant Collector, Abohar to decide the application under Sections 4, 5 and 6 of the Public Premises Act, 1973 instituted by the Municipal Council, Abohar through its Executive Officer within a period of three months from the date of receipt of a certified copy of this order. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE September 1, 2010 rps 2