CWP No.5126 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5126 of 2008 (O&M) Date of Decision: 07.02.2011 **** Rai Bahadur Lala Benarsi Dass Trust . . . . Petitioner VS. State of Haryana & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Arun Jain, Senior Advocate with Mr. Brijender Kaushik, Advocate for the petitioners Mr. RS Kundu, Addl. AG Haryana **** SURYA KANT J. (ORAL) (1). This order shall dispose of CWP Nos.5126 & 5612 of 2008 as the issues involved are inter-related. For brevity, the facts are being taken from CWP No.5126 of 2008. (2). The petitioner-Trust is aggrieved by the order dated 14.12.2007 (Annexure P6) passed by the Deputy Commissioner-cum-Estate Officer, Excised Area, Ambala authorizing the Sub Divisional Officer (Civil), Ambala to supervise the taking over of possession of property No.164-C and 164-D located in Ambala Cantt. described as Robert Memorial Pavilion Site. The impugned order has been passed on the premise that the property was CWP No.5126 of 2008.doc - 2 – leased out to Rai Bahadur Lala Banarsi Dass and the lease period has already expired. (3). One of the contention raised on behalf of the petitioner is that the impugned order has been passed without any show cause notice and without observing the principles of natural justice though it visits the petitioner with serious civil consequences. (4). The fact that the petitioner has not been heard before passing the impugned order is self-evident from the record. (5). That being so, the writ petition is allowed; the impugned order dated 14.12.2007 (Annexure P6) is set aside with liberty to the Deputy Commissioner-cum-Estate Officer, Excised Area, Ambala to issue a show cause notice to the petitioner-Trust and grant not less than two weeks’ time to submit its reply/affidavit, if any. If the Deputy Commissioner is dis-satisfied with its reply, he is further directed to grant an opportunity of personal hearing to the representative of the petitioner-Trust. (6). It is clarified that the petitioner-Trust shall be entitled to raise objection regarding the competence of the Deputy Commissioner-cum-Estate Officer, Excised Area, Ambala to take the proposed action. With liberty afore-mentioned, disposed of. CWP No.5126 of 2008.doc - 3 – (7). (8). Dasti . 07.02.2011 vishal shonkar (S u r y a K a n t) Judge