The Faridabad Complex Administration vs The Commissioner, Ambala Division and Another

T.H.B. Chalapathi, J.—This writ petition is filed against the order of the Commissioner, Ambala Division, Ambala, dated August 8, 1980.

The second respondent filed on appeal before the Commissioner against the orders of the Administrator, Faridabad Complex Administration, Faridabad dated March 16, 1979 calling upon the second respondent to pay octroi duty. The said appeal was allowed by the Commissioner vide impugned order. The petitioner''s case is that the appeal was to be heard at Ballabgarh on 25.7.1980 but the Commissioner did not come to Ballabgarh on that day and none of his Readers came there to adjourn the cases and they came to know later that the case was fixed for hearing on 8.8.1980 and the same was disposed or exparte. The date of hearing was neither intimated to the Faridabad Complex Administration nor to Legal Advisor of the Faridabad Complex Administration. Therefore, on the date when the orders were passed by the Commissioner at Gurgaon, the petitioner could not be present and its Legal Advisor also could not be present for want of notice. Therefore, the petitioner is seeking the quashing of the said ex-parte order.

A look at the order of the Commissioner dated 8.8.1980 clearly shows that none was present for the petitioner when the matter was taken up by the Commissioner at Gurgaon. There is nothing on record to show that any notice fixing the date of hearing as 8.8.1980 was issued either to the Faridabad Complex Administration i.e. the petitioner or its Legal Advisor. Therefore, the Commissioner erred in deciding the matter without intimating the date of hearing to the petitioner. On this-ground itself, the writ petition deserves to be allowed and the order of the Commissioner is liable to be set aside.

According, I set aside the order dated 8.8.1980 and remand the matter to the Commissioner, Gurgaon for fresh disposal in accordance with law after giving notice of hearing to the petitioner as well as to the second respondent by affording reasonable apportion to both. There will he no order as to costs.

The parties are directed to appear before the Commissioner, Gurgaon on 20.12.1996.