Leave granted.
In spite of service of notice, nobody has entered appearance on behalf of
the respondents to contest the prayer made in this appeal.
By order 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/-
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.
Having 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.
[G.S. SINGHVI] New Delhi, March 06, 2009.