Padam Kumar Jain vs C.G. Housing Board and Another

S.R. Nayak, C.J.—The action of the first Respondent Housing Board canceling the allotment of the subject plot earlier made in favour of the Petitioner has been assailed in this Writ petition amongst other grounds on the ground that the impugned action was not preceded by any notice to the Petitioner and thereby completely denying opportunity of being hoard. The first Respondent Housing Board before canceling the allotment ought to have issued notice to the Petitioner and ought to have given him a fair opportunity to make his representation with regard to the proposed action. The impugied action suffers from vice of infraction of principles of natural justice and fair play in action. On that short ground, the impugned order cannot be sustained in law. The writ petition is allowed and impugned order is quashed. This order, however, shall not come in the way of the first Respondent Housing Board from initiating appropriate action, if they are so advised, to cancel the allotment of the plot made in favour of the Petitioner on any permissible legal grounds, but, it can do so only after issuing notice to the Petitioner and giving him a fair opportunity of being heard. All the contentions raised in this writ petition touching merits of the matter are left open to be agitated at an appropriate stage. No costs.