Heard learned counsel for the petitioner and the learned standing counsel for the State. The petitioner had filed a supplementary affidavit in this matter on 14.2.1997, by which the petitioner was required to appear before the State Government for hearing of the appeal filed by him under Section 12 of the Act. When the petitioner appeared on 5.3.1997 he was informed that the order had already been passed on 4.3.1997.
By an order of this Court dated 9.7.2009 the State was required to file a counter affidavit to this supplementary affidavit and despite passing of a special order no counter affidavit has been filed by the State, therefore, this fact stands unrebutted by the Court.
In view of the facts stated by the petitioner which have not been contravened, this Court directs the appellate authority to give to the petitioner a fresh opportunity of hearing. The exparte order dateed 4.3.1997 is set aside. The matter will be heard on merit and in accordance with law after giving an opportunity of hearing to the petitioner. The matter shall be heard and disposed of finally within a period of three months from the date of the production of a certified copy of this order being placed before the authority concerned. A certified copy of this order shall be placed before the authority concerned within 15 days from today. This writ petition is disposed of with the aforesaid observation.
Order Date :- 23.1.2010 AKJ