WP(C) 283/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. B. Sinha, learned counsel for the petitioner as well as Mr. C. Goswami, learned standing counsel appearing for the respondents. The petitioner by the present petition has challenged the order dated 10 .01.2011 passed by the Commissioner, Assam State Housing Board, respondent No.2, cancelling the allotment made in his favour vide order dated 28.02.2006, on the ground of violation of the Board’s Acts and Rules . According to the petitioner though vide order dated 28.02.2006 a flat in EWS Building No. Block-A/11 at Bhetapara, Barsajai was allotted in his favour b y the order passed by the Commissioner, respondent No.2, and pursuant to which t hough the petitioner has deposited the security money of Rs.12,000/- and continu ed to pay house rent in term of the order of allotment, such order of settlement has been cancelled by the impugned order dated 10.01.2011, on the ground of vio lation of the Board’s Acts and Rules without, however, specifying which of the provisions of the Acts and Rules have been violated and that too without issuin g any notice therefor. The learned counsel for the petitioner in view of such assertion of the petitioner has submitted that the impugned order dated 10.01.2011 be set aside a nd the respondent authorities be directed to remove the lock put on the said fla t allotted to the petitioner, as has been directed by the interim order dated 21 .01.2011. Though no affidavit-in-opposition has been filed by the respondents, Mr. Goswami, learned counsel for the respondents on instruction has submitted that since the date of the allotment of the flat in favour of the petitioner, he havi ng not possessing the same, the order of allotment has been cancelled, in view o f the provisions contained in Rule 15(1)(p) of the Assam State Housing Board Rul es, 1976. It appears from the uncontroverted statement made by the petitioner on o ath that the petitioner was allotted with a flat at Bhetapara (Barsajai) vide of fice order dated 28.02.2006 issued by the Commissioner, Assam State Housing Boar d, respondent No.2. The petitioner pursuant to such order of allotment, deposite d a sum of Rs.12,000/- being security deposit on 07.03.2006. It is also the cont ention of the petitioner that the rent payable till the date of passing the impu gned order has been paid. According to the petitioner, there is no default in pa yment of rent. The petitioner further stated on oath that the impugned office or der dated 10.01.2011 has been passed without issuing any notice and without affo rding any opportunity to him to show-cause as to why the order of allotment shou ld not be cancelled. It appears from the impugned order dated 10.01.2011 that the allotment m ade in favour of the petitioner on 28.02.2006 has been cancelled, on the ground of violation of the Board’s Acts and Rules , without, however, specifying which of the provisions of the Acts and Rules have been violated by the petitioner, t hough it has been contended by the learned counsel for the respondents that ther e is an infraction of Rule 15(1)(p) of the Assam State Housing Board Rules, 1976 . The impugned order does not reflect the issuance of any notice to the petition er prior to issuance of the said order. Since the petitioner has been allotted w ith a flat and it was sought to be cancelled for violation of the Board’s Acts and Rules , the petitioner has to be given an opportunity to show-cause, which h as not been done in the instant case. In view of the above, the impugned order dated 10.01.2011 passed by the Commissioner, Assam State Housing Board, respondent No.2, is set aside. The resp ondent No.2, namely, the Commissioner, Assam State Housing Board, is directed to remove the lock put at EWS Building No.Block-A/11 at Bhetapara (Barsajai) forth with. It would, however, not preclude the respondent authorities from initiati ng the appropriate proceeding against the petitioner for cancellation of the all otment. The writ petition is accordingly allowed, as indicated above. No cost.