Dass Jain (D) THR. LRS. & ANR. Vs. Board of Revenue, & Ors.  INSC
498 (6 March 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.1595 OF 2009 (Arising out of S.L.P. (C)
No.12001 of 2007) Abhimanyu Dass Jain (D) Thr. L.Rs. & Anr. ...Appellant(s)
Versus Board of Revenue & Ors. ...Respondent(s) O R D E R Leave granted.
of service of notice, nobody has entered appearance on behalf of the
respondents to contest the prayer made in this appeal.
dated 14th april, 1982, the Additional Collector (Finance), Meerut, cancelled
the allotment of plot made in favour of the appellants. While doing so, the
Additional Collector observed that the allottee has not appeared despite
notice. It is borne out from the records that two days before the passing of
the order dated 14th April, 1982, the appellants had made an application for
being afforded an opportunity of hearing. However, that application was not
considered and the order of cancellation was passed. When the appellants applied
for setting aside the ex-parte order, their application was dismissed by the
Additional Collector (Finance), Meerut, vide his order dated 25th June, 1982.
Thereafter, the appellants filed revisions before the Additional Commissioner,
Meerut Division, and the ...2/- -2- Board of Revenue for setting aside order
dated 14th April, 1982, but could not succeed in persuading the concerned
authorities to entertain their plea. The writ petitions filed by the appellants
challenging orders passed by the Additional Collector (Finance), Additional
Commissioner, Meerut, and the Board of Revenue were dismissed by the learned
Single Judge of the High Court.
heard learned counsel for the appellants and perused the records, we are of the
view that the Additional Collector (Finance), Meerut, was not justified in
disposing of the petition against the order cancelling the allotment by an
ex-parte order. The Additional Commissioner, Meerut, the Board of Revenue and
the High Court also committed grave error by confirming order of cancellation
passed by the Additional Collector. Hence, the appeal is allowed, impugned
order is set aside and the matter is remanded to the Additional Collector
(Finance), Meerut, who shall decide the matter afresh after giving opportunity
of hearing to the parties. The matter shall be decided expeditiously.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
March 06, 2009.