Bombay High Court
Jagram Gramin Vikas Sanstha, ... vs The Divsnl Commissioner, Nagpur ... on 5 February, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5329 OF 2008
1) Jagran Gramin Vikas Sanstha,
Chandrapur, A Registered Trust
through its President - Shri Matin
Sheikh, R/o Jatpura Gate, Chandrapur,
District Chandrapur.
2) Rajiv Gandhi Arts, Commerce and
Science College, Chandrapur
Through its Principal. ...PETITIONERS
...V E R S U S...
1) The Divisional Commissioner, Nagpur
2) The Collector, Chandrapur. ...RESPONDENTS
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Shri N.B. Karade, Advocate for petitioners.
Shri A.M. Kadukar, A.G.P. for respondents.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 5th FEBRUARY, 2021.
ORAL JUDGMENT
Heard Shri Neeraj Karade, learned counsel for the
petitioners and Shri Amit Kadukar, learned Assistant Government
Pleader for both respondents.
(2) By this writ petition, the petitioners have challenged
the order passed by the respondent no.2-Collector, Chandrapur
dated 02.12.2008 in case No.Nivi/Ka-15/Khastha Vika/
1358/2008.
(3) The submission on behalf of the learned counsel for the
petitioners is that the order impugned was passed behind the back
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of the petitioners and without giving opportunity of being heard.
He submits that without any opportunity of hearing being offered,
the Collector, Chandrapur cancelled the earlier order dated
06.11.2008, by which a hall constructed from Member of
Parliament's local area development fund was handed over to the
petitioners. He, therefore, submits that the order impugned is in
the breach of principles of natural justice.
(4) This writ petition came up for admission on
16.12.2008. Notices were issued to the respondents and it was
ordered that the parties shall maintain status quo in respect of the
property. On 20.01.2009 the petition was admitted for final
hearing by issuing Rule. Though this writ petition is pending from
2008, till today no submissions were filed on behalf of the
Collector, Chandrapur controverting the factual position stated on
oath by the petitioners.
(5) The petitioner no.1 is a Trust and Society registered
under the provisions of the Bombay Public Trusts Act and under
the Societies Registration Act. The petitioner no.1 administers
and runs petitioner no.2- Rajiv Gandhi Arts, Commerce and
Science College at Chandrapur from 2002-03. At the time of filing
of this writ petition, there were around 750 students studying in
the respondent no.2-College.
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(6) Undisputedly, in the vicinity of petitioner no.2-College
a big hall was constructed utilizing Member of Parliament's local
area development fund about 13 to 14 years ago. As per
petitioners, the said hall was handed over to S.P. College,
Chandrapur for starting cultural centre, however the said cultural
centre was never started. It is stated in the petition on oath that
the hall was totally neglected, resulting into the damage to the
property.
(7) It is also contended in the petition by petitioners that
petitioner no.2-College was in need of a hall for education and
cultural purpose and for starting library. Therefore, on
29.05.2008, the President of the petitioner no.1 gave a letter to
the Collector, Chandrapur. In the said letter it was brought to the
notice of the Collector that adjacent to the petitioner no.2-College
there exists a hall, which is in vacant condition and since it is not
being used by anybody it is being wasted away and therefore if
the said hall is allotted to the petitioners it can be used for
imparting education. The petitioners have also filed on record at
'Annexure-B' a communication from Tahsildar, Chandrapur dated
07.10.2008 addressed to the Collector, which shows that for last 7
years from the said letter dated 07.10.2008 the hall is not being
used at all and the property is being wasted away.
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(8) In the backdrop of the aforesaid two communications,
the Collector, Chandrapur vide order dated 06.11.2008 passed an
order, which is placed on record at 'Annexure-C' of this writ
petition. In the said order, it was observed by the Collector that
after construction of the hall from the Member of Parliament's
local area development fund, when the hall was given to S.P.
College, Chandrapur for starting a cultural centre, the same was
not started by the said College for about 7 to 8 years. Therefore,
the Collector by the said order allotted the said hall in favour of
the petitioners on the conditions stated in the order.
(9) It is the contention of the petitioners that in view of the
said order the petitioners were put in possession of the hall. The
petitioners carried repairs and for that they spent about
Rs.1,00,000/- and also started library.
(10) As per the contention of the petitioners, on 02.12.2008
all of a sudden the petitioners received a communication from the
Collector, whereby it was informed that order dated 06.11.2008
giving possession to the petitioners is revoked and cancelled.
(11) The impugned order which is at 'Annexure-E' to this
writ petition, is most cryptic order. It sans any reasons as to why
the Collector is of the view to revoke the earlier order
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dated 06.11.2008. There is nothing in the said order to show that
before passing the said order any opportunity of hearing was
given to the petitioners.
(12) By order dated 06.11.2008 Collector himself handed
over the possession of the hall to the petitioners and as per
uncontroverted statements made on oath, the petitioners have
incurred expenses of Rs.1,00,000/-. Once petitioners were placed
in possession the opportunity of hearing ought to have been given
to the petitioners as to why the earlier allotment should be
cancelled. By earlier order dated 06.11.2008, a particular right
was created in favour the petitioners, though it was a revocable
one. It could be always within the right of Collector to revoke its
earlier order however for that an opportunity to show-cause ought
to have been given to the petitioners and the petitioners ought to
have been heard before revocation of the said order.
(13) In view of the earlier order dated 25.02.2020 in this
writ petition, today, Shri Amit Kadukar, learned Assistant
Government Pleader on oral instructions from Shri Nilesh Gond,
Tahsildar makes a statement that as on today the hall is still in
possession of the petitioners.
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(14) Since impugned order is passed behind the back of the
petitioners, the writ petition is allowed. The order dated
02.12.2008 passed by the Collector, Chandrapur cancelling the
earlier order dated 06.11.2008 is hereby quashed and set aside.
(15) The order dated 06.11.2008 passed by the Collector,
Chandrapur in favour of the petitioners has been restored.
(16) It will be open for the Collector, Chandrapur to revoke
the order dated 06.11.2008, however, if he wish to do so, he is
directed to issue show-cause notice to the petitioners and also give
an opportunity of hearing to the petitioners and thereafter can
pass the order, in accordance with law.
(17) Since the petitioners are in possession of the hall, the
possession of the petitioners is protected till the earlier order
dated 06.11.2008 is revoked in accordance with law and giving
the petitioners the opportunity of hearing.
Rule is made absolute in above terms. No order as to costs.
JUDGE
Wagh
