A.F.R. Neutral Citation No. - 2025:AHC-LKO:23514 Court No. - 4 Case :- WRIT - C No. - 1002939 of 2001 Petitioner :- Vinay Kumar Respondent :- Collector/District Magistrate Balrampur And Others Counsel for Petitioner :- Umesh Kumar Srivastava,Mohd. Aslam Khan,Shishir Chandra Counsel for Respondent :- C.S.C.,R.N. Gupta Hon'ble Irshad Ali,J. 1. Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioner and Sri Rajiv Srivastava, learned Additional Chief Standing Counsel for the State-respondent. 2. Vide order of allotment dated 18.6.1986, an area of 0.03 decimal of other abadi site comprised in plot No.828-Ga M., situated in village Pandri, Pargana, Tehsil and District Balrampur was allotted to the petitioner by the Land Management Committee of the aforesaid village after following the prescribed procedure for construction of a residential house, which was duly approved by the Sub-Divisional Magistrate, Balrampur. The petitioner was delivered possession, over which he raised the construction of his residential house by spending Rs.2,50,000/-. 3. By means of the impugned order dated 15.6.2001, the allotment of land made in favour of the petitioner was cancelled without impleading him as a party in the case and without giving him any show-cause notice or opportunity of hearing. 4. Assailing the order impugned dated 15.6.2001, passed by the respondent No.1 contained as Annexure-1 to the writ petition, submission of petitioner's counsel is that the impugned order has been passed without notice and opportunity of hearing to the petitioner. Specific recital in this regard has been made in paragraph-2 of the writ petition. 5. In the counter affidavit filed by the respondent No.1 there is no denial in regard to the recital made in paragraph-2 of the writ petition by the petitioner. 6. While entertaining the writ petition, this Court passed an order on 29.10.2001, operative portion is being quoted below :- "In view of the fact that the petitioner was not afforded any opportunity prior to the passing of the impugned order of cancellation of allotment, the operation of the impugned order dated 15.6.2001 shall remain stayed till further orders of the court. However, it will be open to the concerned authority to initiate appropriate proceedings and pass orders after affording due opportunity to the petitioner in accordance with law. In the meantime, the residential house of the petitioner shall not be demolished." 7. While granting the interim order, it was noticed that no opportunity of hearing was afforded to the petitioner, while passing the impugned order of cancellation of allotment and the operation of the order was stayed till further orders and it was left open to the concerned authority to initiate appropriate proceeding and pass order after affording opportunity of hearing to the petitioner in accordance with law. It was also ordered that in the meantime, the residential house of the petitioner shall not be demolished. 8. In pursuance to the order of this Court, the respondents did not initiate proceeding of passing fresh order, after affording opportunity of hearing to the petitioner. 9. In view of the admission of non-grant of opportunity of hearing to the petitioner, the impugned order suffers from apparent illegality and is liable to be set aside. The interim order granted on 29.10.2001 also gave liberty to the respondents to pass a fresh order, after affording an opportunity of hearing to the petitioner, but the same has not been done. 10. In view of the admitted position in the matter that no notice nor opportunity of hearing was granted to the petitioner, the impugned order suffers from apparent illegality and is violative of principles of natural justice. 11. Accordingly, the impugned order dated 15.6.2001 (Annexure-1 to the writ petition) is hereby set aside by giving liberty to the respondents to pass fresh order, after giving opportunity of hearing to the petitioner in accordance with law. 12. With the aforesaid observation and direction, the writ petition succeeds and is allowed. Order Date :- 22.4.2025 Gautam Digitally signed by :- GAUTAM TECKCHANDANI High Court of Judicature at Allahabad, Lucknow Bench