Heard Ms.Sonal D. Vyas, learned advocate for the petitioners. It is submitted by her that the petitioners are the heirs of the original allottee, who was serving in the Indian Army and had laid down his life for the nation, in the year 1965. Respondent No.1 had granted land on lease for 30 years to the original allottee for the purpose of growing fruit trees. The land was permitted to be converted into old tenure land and a price of Rs.1,000/- was fixed, that was paid by the petitioners. It is contended that in the proceedings for breach of condition before the Collector, the petitioners were issued notice on 15.10.2006, which was a Sunday, for a hearing to be held on 25.10.2006, on which day their festival of Ramzan Eid fell. That the petitioners had requested the Collector to grant another date, but the hearing was conducted on 25.10.2006, in the absence of the petitioner. The impugned order has been passed at the back of the petitioner and has been upheld in revision by respondent No.1. It is further submitted that the contentions raised by the petitioners before the Revisional Authority, in this regard, have not been dealt with, and the petitioners have not been granted an adequate and reasonable opportunity of hearing before the Collector.
Issue Notice returnable on 03.04.2012.
Status quo, as it exists today, qua the land in question, shall be maintained till then.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top