CWP No.17173 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17173 of 2009 Date of decision:28.11.2009. Pasricha Charitable Trust ..... Petitioner VERSUS State of Punjab and another ..... Respondents CORAM:Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia. Present: Mr.Amrik Singh, Advocate for the petitioner. Mr.Anil Kumar Sharma, Addl.A.G., Punjab. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The Collector, SAS Nagar, Mohali proceeded against the petitioner ex-parte. The relevant portion of the impugned order (Annexure P-11) read as under: - “Notices were issued to the party again and again, but none was served properly. Notices were received back with the report that nobody is residing at the address and it is told by the tenant of that house that the respondent has left this house. A notice was issued for passing at the conspicuous place in the village where the property is situated, but even then none is present. Hence, ex- parte proceedings were ordered.” Thereafter, the order of the Collector was assailed in an appeal. Counsel for the respondent-State submits that before the Appellate Authority written statement was filed and petitioner was granted opportunity to project his case. Be that as it may, the Appellate Authority was only examining the impugned order, whether proper inquiry was conducted or not. Matter of the fact was that the Collector had not CWP No.17173 of 2009 -2- considered the contentions of the petitioner. Hence, to afford opportunity of hearing to the petitioner orders Annexures P-11 and P-13 are set aside and the matter is remanded back to the Collector to decide the matter afresh. Petitioner shall appear before the Collector on 07.12.2009 at 10:00 AM. The Collector shall decide the case within one month from the date of appearance. Disposed of. 28.11.2009 (Kanwaljit Singh Ahluwalia) shamsher Judge