Allowed

Shankar Dass v. State of Punjab & Ors.

Punjab & Haryana HC7 Feb 2013CWP/11861/1994

Case brief

AI extract

What is this about?

The court allowed a writ petition challenging the withdrawal of land exchange approval. It held that recalling the order without a show-cause notice violated natural justice as the proceedings involved vesting proprietary rights and implicated fraud allegations.

What did the court decide?

Impugned order dated 06.05.1994 set aside; matter remitted to Secretary for fresh decision after hearing.

Shankar Dass Vs State of Punjab & Ors. — Property and Title | Punjab & Haryana HC (2013)

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CWP No.11861 of 1994

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.11861 of 1994

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DATE OF DECISION : 07.02.2013

Shankar Dass

…Petitioner

Versus

State of Punjab and others

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…Respondents

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CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA HON’BLE MRS. JUSTICE REKHA MITTAL

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Present : Mr. Vikas Bahl, Advocate, with Mr. Ramandeep Singh, Advocate, for the petitioner.

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Ms. Vandana Malhotra, Addl. A.G., Punjab, for respondent Nos.1 to 4.

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Mr. B.S.Mann, Advocate, for respondent No.5.

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RAJIVE BHALLA, J. (ORAL)

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The petitioner prays for issuance of a writ of certiorari quashing order dated 06.05.1994, whereby the Secretary to Government of Punjab, Department of Rural Development and Panchayati Raj, Punjab, Chandigarh, has withdrawn order dated 04.08.1992/ 03.09.1992 (Annexure P-5) granting approval to the exchange of land measuring 1 Kanal 0 Marla situated in Khasra No.951 Khatauni No.620, Khewat No.448 along with land measuring 1 Kanal 0 Marla bearing Khasra No.949, Khewat No.2, Khatauni No.3.

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Counsel for the petitioner submits that after due consideration of resolution dated 05.08.1991, passed by the Gram Panchayat Akalpur, Block Rurka Kalan, Tehsil Phillaur, District Jalandhar, the State of Punjab, accorded approval to the exchange vide order dated 04.08.1992/ 03.09.1992. The Secretary to Government of Punjab, Department of Rural Development and Panchayati Raj, Punjab, has withdrawn the

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CWP No.11861 of 1994

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approval without affording an opportunity of hearing to the petitioner.

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Counsel for the State of Punjab submits that approval accorded to the exchange of land was withdrawn as the Gram Panchayat had not passed any resolution and/or the resolution passed was tampered by adding certain words in favour of the petitioner. The State was, therefore, justified in exercising its power to recall order dated 06.05.1994/05.08.1994, according approval.

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We have heard counsel for the parties, perused the impugned order as well as the paper book.

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Admittedly, an exchange of land between the Gram Panchayat and the petitioner, was approved by the government. The approval has, admittedly, been withdrawn without affording an opportunity of hearing to the petitioner much less the service of a show cause notice. An exchange of land involves vesting and divesting of proprietary rights. Before an order approving an exchange is recalled, it is incumbent upon the authority concerned to serve a show cause notice and afford an opportunity of hearing to the parties concerned particularly as serious allegations have been levelled against the petitioner of fabricating a resolution or adding words to the existing resolution. The principles of natural justice cannot be disregarded on the ground that withdrawal of approval is a purely administrative act as exchange of land, necessarily involves vesting and divesting of proprietary rights.

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The petitioner's plea that the Secretary, Department of Rural Development and Panchayati Raj, Punjab, Chandigarh, has no power of review, is entirely misplaced as the allegation against the petitioner is one of fraud. Fraud is a species of conduct that vitiates every act, including an administrative or a judicial order.

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In view of what has been stated hereinabove, the writ petition

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CWP No.11861 of 1994

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is allowed, order dated 06.05.1994 is set aside and the matter is remitted to the Secretary, Rural Development and Panchayati Raj, Punjab, Chandigarh, for deciding the matter afresh by affording an opportunity of hearing to the petitioner, within three months. Parties are directed to appear before the Secretary, Department of Rural Development and Panchayati Raj, Punjab, Chandigarh, on 22.03.2013.

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(RAJIVE BHALLA) JUDGE

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07.02.2013 (REKHA MITTAL) adhikari JUDGE

Shankar Dass v. State of Punjab & Ors.

Case brief

What is this about?

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Shankar Dass v. State of Punjab & Ors.

Case brief

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