A division bench of Justice Vipin Sanghi and R.C. Khulbe of Uttarakhand HC disposed of the writ petition with a direction to the respondent to give opportunity of hearing to the petitioner before finalising the case. The court held that petitioner has a right to response the notice even if it was issued in name of the petitioner’s predecessor-in-interest on 15.07.2022
Facts:
The present writ petition was filed by the petitioner to seek an order or direction in the nature of certiorari quashing the impugned notice dated 15.07.2022 issued by the office of learned Prescribed Officer without following the due process of law and a writ of mandamus commanding the respondent to not to interfere in the peaceful possession of the petitioner over the land in question. The case of the petitioner was that she had purchased the land in question on 03.06.2022 from the erstwhile owner. Petitioner further stated that action had been taken in respect of the land acquired by the petitioner due to the reason that this Court had passed orders in Writ Petition (PIL) No. 88 of 2022, on 07.07.2022, directing the Sub Registrar, Dehradun, not to register any sale deed or any instrument in respect of the land which had been declared surplus. The petitioner further submitted that notice had been issued in the name of the petitioner’s predecessor-in-interest on 15.07.2022. However, she was not allowed to defend the said notice.
Observations of the Court
This Court had placed reliance on the order placed by the petitioner. The order passed by this court in Writ Petition (M/S) No. 1933 of 2022 and Writ Petition (M/S) No. 1934 of 2022, on 18.08.2022 was similar in circumstances with the present case. In that case, this court had granted liberty to the petitioner to respond to the impugned show cause notices. Direction was issued to the respondents to grant a hearing to the petitioners before taking a decision in the matter. Therefore, the present petitions in terms of order dated 18.08.2022, in Writ Petition (M/S) No. 1933 of 2022 and Writ Petition (M/S) No. 1934 of 2022, on 18.08.2022 was disposed of. Accordingly, the petitioner would be entitled to respond to the show-cause notice dated 15.07.2022, and after hearing the petitioner, the respondent have to finalise the case. It was made clear that this court had not expressed any view on the merits of the issue raised by the petitioner.
Decision:
The present writ petition was disposed of with the direction to the respondent to give opportunity of hearing to the petitioner before finalising the matter.
Case: Ela Khandoori vs State of Uttarakhand and others
Citation: WRIT PETITION (M/S) NO. 2866 OF 2022
Coram: Justice Vipin Sanghi and R.C. Khulbe
Dated: 23.11.2022
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