CWP No.19670 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 108 CWP No.19670 of 2026 Date of decision: July 3rd, 2026 Gain Chand and another .....Petitioners Versus State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Vivek Sheoran, Advocate for the petitioners. Mr. Deepak Bhardwaj, Additional Advocate General, Haryana. VIKAS BAHL, J. (ORAL) 1. This is a civil writ petition under Article 226 of the Constitution of India for issuance of a writ, especially in the nature of certiorari for quashing the letters dated 28.07.2025 (Annexure P-7) and 30.07.2025 (Annexure P-8) vide which respondent No.3 without referring to any specific order of cancellation or granting any opportunity of hearing to the petitioners, has cancelled their flat registration and flat allotment. 2. Learned counsel for the petitioners has submitted that in the present case, respondent No.2 had issued an advertisement and invited applications for registration of 1719 EWS category residential units being built for BPL and EWS families and the last date for registration was 19.09.2018 which was extended up to 09.10.2018. It is submitted that the said units were measuring 355 square feet and had approximate cost of 5.85 lakh each and BPL families were to be granted preference in the ₹ allotment scheme. It is further submitted that more than 8000 applications PUNEET SACHDEVA 2026.07.03 18:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19670 of 2026 -2- were received under the scheme and on 21.01.2019, the draw of lots for 1719 flats was held for the applicants belonging to the BPL families and the petitioners were declared successful in the said draw of lots and thereafter letters dated 25.02.2019 were issued in favour of both the petitioners. It is further submitted that petitioner No.2 was further successful in a subsequent draw of lots dated 09.02.2021 and after making requisite payment was allotted Flat No.2778/SF in Sector 67 Gurugram by respondent No.2. 3. It is argued that without issuing any show cause notice and without giving any opportunity of hearing to the petitioners and without the petitioners having violated any terms or conditions of the allotment/advertisement, the respondents have, vide letters dated 28.07.2025 and 30.07.2025 (Annexures P-7 and P-8 respectively), cancelled the flat allotment in favour of the petitioners. It is submitted that the said act of the respondents is in violation of the principles of natural justice and deserves to be set aside on the said ground alone. It is submitted that the petitioners have not committed any illegality and at any rate, at least a show cause notice and an opportunity of hearing should have been granted before passing the impugned orders. Learned counsel for the petitioners has further relied upon the various orders passed by the coordinate Division Benches in various cases which have been annexed as Annexures P-16 to P-18 in which in similar circumstances, the Court was pleased to issue notice of motion and also grant interim protection. 4. Learned counsel for the respondents has submitted that in the present case the allotments had to be cancelled in view of the inquiry held in pursuance of a PIL filed. PUNEET SACHDEVA 2026.07.03 18:21 I attest to the accuracy and authenticity of this document Chandigarh CWP No.19670 of 2026 -3- 5. On a pointed query raised by this Court, it has fairly been stated that no individual show cause notice or an opportunity of hearing has been given to the petitioners before passing of the impugned orders. It could not be disputed before this Court that the orders dated 28.07.2025 and 30.07.2025 were passed without issuance of any show cause notice or without granting an opportunity of hearing to the petitioners. It is a matter of settled law that any order entailing civil consequences should be passed after the issuance of show cause notice and grant of opportunity of hearing, which have not been done in the present case. 6. Keeping in view the abovesaid facts and circumstances, the present writ petition is partly allowed and the impugned orders dated 28.07.2025 and 30.07.2025 are set aside. It would however be open to the respondents to institute fresh proceedings in accordance with law and to pass appropriate orders after issuance of show cause notice and granting an opportunity of hearing to the petitioners. The present order would not be construed as an expression on the merits of the case as the impugned orders have been set aside solely on the ground of violation of the principles of natural justice. (VIKAS BAHL) JUDGE July 3rd, 2026 (SUBHAS MEHLA) Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No PUNEET SACHDEVA 2026.07.03 18:21 I attest to the accuracy and authenticity of this document Chandigarh