IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3247 of 2008 Decided on: April 30, 2008 Dharam Pal …Petitioner Versus State of Punjab and others CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MRS. JUSTICE SABINA Present: Mr. Manish Kumar Singla, Advocate, for the petitioner. Ms. Charu Tuli, Sr. DAG, Punjab, for respondent Nos. 1 to 4. M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for quashing order dated 6.2.2007, passed by the District Collector, Sangrur-respondent No. 3 (P-2) and appellate order 19.12.2007, passed by the Divisional Commissioner, Patiala Division, Patiala (P-4). Learned State counsel states that since the impugned orders dated 6.2.2007 and 19.12.2007 (P-2 & P-4 respectively) are quasi judicial in nature, it would not be necessary to file any reply. She further states that the order dated 6.2.2007 (P-2), passed by the District Collector, Sangrur-respondent No. 3 and the appellate order C.W.P. No. 3247 of 2008 dated 19.12.2007 (P-4), passed by the Divisional Commissioner, Patiala Division, Patiala, are based on Collector’s rates, which cannot stand judicial scrutiny in view of the judgment of Hon’ble the Supreme Court in the case of State of Punjab v. Mohabir Singh, AIR 1996 SC 2994. She has also stated that impugned orders dated 6.2.2007 and 19.12.2007 (P-2 & P-4) be set aside with liberty to the District Collector, Sangrur-respondent No. 3 to pass fresh order in accordance with law after affording due opportunity to the parties. The statement made by the learned State counsel has been readily accepted by the learned counsel for the petitioner. In view of above, the impugned orders dated 6.2.2007 and 19.12.2007 (P-2 & P-4) are hereby quashed. The matter is remanded back to the District Collector, Sangrur-respondent No. 3, who shall pass fresh order after affording opportunity of hearing to the parties in accordance with law. The parties through their counsel are directed to appear before the District Collector, Sangrur- respondent No. 3 on 15.5.2008. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (SABINA) April 30, 2008 JUDGE Pkapoor 2