Judgment:
L.P.A.No.2137 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A.No.2137 of 2012 (O&M) Date of Order:
09. 05.2013 Ashok Tyagi and another ...Appellants Versus State of Haryana and others ..Respondents CORAM: HON'BLE Mr.JUSTICE RAJIVE BHALLA HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.Vikram Singh, Advocate for the appellants.
Mr.Dhruv Dayal, DAG, Haryana, for respondents no.1 to 4.
None for respondent no.6.
Mr.Arun Singla, Advocate, for respondent Nos.7 to 14.
RAJIVE BHALLA, J.
The private respondents filed a petition for issuance of a writ of certiorari to quash orders dated 18.08.2011, 19.11.2010, 19.04.2010 and 19.10.2009, passed by the Financial Commissioner, Revenue, Haryana, the Commissioner, Rohtak Division, Rohtak, the Collector, Gannaur, District Sonepat and the Assistant Collector Ist Grade, Gannaur, Tehsil Gannaur, District Sonepat, on the plea that they were not afforded an opportunity of hearing after the application for partition was restored, without issuing notice to the private respondents.
The writ petition filed by the private respondents, has been disposed of by granting them liberty to approach a civil Court by raising a plea that they were not afforded an opportunity of hearing.
Counsel for the appellants submits that he has no L.P.A.No.2137 of 2012 (O&M) -2- objection, if orders impugned in the writ petition are set aside and the Assistant Collector Ist Grade, Gannaur, is directed to proceed afresh from order dated 27.11.2006, after affording an opportunity of hearing to the private respondents.
Counsel for the private respondents, states that in view of concession made by counsel for the appellants, he has no objection, as he would not be afforded an opportunity of hearing to prove his objections.
We have heard counsel for the parties and in view of statements made by counsel for the parties and as even otherwise private respondents were not granted an opportunity of hearing by the Assistant Collector Ist Grade, the appeal is allowed, orders dated 18.08.2011, 19.11.2010, 19.04.2010 and 19.10.2009, are set aside and the matter is remitted to the Assistant Collector Ist Grade, Gannaur, to proceed further, from the stage of order dated 27.11.2006 after granting full and complete opportunity to the parties.
Parties are directed to appear before the Assistant Collector, Ist Grade, Gannaur, on 02.07.2013, who shall conclude partition proceedings within six months from the aforesaid date.
(RAJIVE BHALLA) JUDGE May 09, 2013 (REKHA MITTAL) nt JUDGE