CWP-22632-2026 [1] 126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22632-2026 Date of decision: 23.07.2026 Sheela ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Ms. Kusum Raj, Advocate for Mr. Sunil Duggal, Advocate for the petitioner Mr. Deepak Bhardwaj, Addl. A.G. Haryana. **** VIKAS BAHL, J. (ORAL) 1. In the present writ petition, following prayers have been made:- “Civil Writ Petition under 227/227 of the Constitution of India praying for the issuance of an appropriate writ order or direction particularly in the nature of Certiorari for quashing the eviction order dated 05-06-2026 (Annexure P-4) for Flat no. 2781/FF in Ansal properties Infrastructure, HBH Sector- 27 Gurugram issued by the respondents without any reason and without informing the cancellation order and without giving an opportunity of hearing to the petitioner, being Arbitrary, illegal violative of the principles of the nature of mandamus restraining the respondents from dispossessing the petitioner along with interim relief as prayed. And PAWAN KUMAR 2026.07.24 11:03 I attest to the accuracy and authenticity of this document CWP-22632-2026 [2] Any other order or direction as the Hon'ble Court may deem fit in the facts and circumstances of the case may also be issued.” 2. Learned counsel for the petitioner has submitted that the petitioner is a bona fide allottee under a scheme launched by the Housing Board Haryana for allotment of flats to Below Poverty Line (BPL) and Economically Weaker Sections (EWS) families and being eligible under the said category, had applied for allotment and was declared successful in the draw held and was issued registration No.1526, a copy of which has been annexed as Annexure P-1 along with the present writ petition. It is submitted that, thereafter, in the subsequent draw held, the petitioner was allotted Flat No.2781/FF, Sector 67, Gurugram and the petitioner had deposited the requisite amounts and the even Final Possession Certificate dated 12.01.2022 had been issued. 3. Learned counsel for the petitioner has submitted that without giving any show cause notice or an opportunity of hearing to the petitioner, the impugned order cancelling the allotment in favour of the petitioner has been passed. In support of their arguments, learned counsel for the petitioner has relied upon the order dated 03.07.2026 passed by this Court in CWP-19670-2026 titled as “Gian Chand and another vs. State of Haryana and others”. The relevant portion of the said order is reproduced hereinbelow:- “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 PAWAN KUMAR 2026.07.24 11:03 I attest to the accuracy and authenticity of this document CWP-22632-2026 [3] 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 Rs. 85 lakh each and BPL families were to be granted preference in the allotment scheme. It is further submitted that more than 8000 applications 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 PAWAN KUMAR 2026.07.24 11:03 I attest to the accuracy and authenticity of this document CWP-22632-2026 [4] in the present case the allotments had to be cancelled in view of the inquiry held in pursuance of a PIL filed. 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.” 4. Learned counsel for the petitioner has submitted that the case of the petitioner, on the aspect of there being violation of principles of natural justice, is similar to the case of the petitioners in the abovesaid writ petition. 5. Learned counsel for the petitioner has further highlighted that in the interim orders passed in the bunch of the writ petitions bearing No.CWP-27442-2025 titled as Sandeep Vs. State of Haryana and others and PAWAN KUMAR 2026.07.24 11:03 I attest to the accuracy and authenticity of this document CWP-22632-2026 [5] other connected matters, the argument raised on behalf of the petitioners therein to the effect that the allotments have been cancelled without giving opportunity of hearing or issuing show cause notice has been duly noticed. The order dated 15.09.2025 passed by the Co-ordinate Division Bench of this Court in CWP-27442-2025 is reproduced hereinbelow:- Present: Mr.Gurdarshan S. Sidhu, Advocate for the petitioner. **** Learned counsel for the petitioner submits that the petitioner was successful in the draw of lot held on 09.02.2021 and had been allotted a dwelling unit (flat) under BPL category by the respondents on 13.05.2021 (Annexure P-2). He had paid more than half of the consideration amount and is willing to pay the remaining amount in installments. The possession certificate has been delivered to him on 07.10.2022 (Annexure P-3) but later, the respondents have cancelled the allotment on 28.07.2025 (Annexure P-4) without issuance of show cause notice or affording an opportunity of personal hearing to the petitioner. Issue notice to the respondents. At the asking of the Court, Mr. Deepak Bhardwaj, Addl. A.G. Haryana accepts notice on behalf of the respondents and prays for time to file reply. List on 14.10.2025. The parties shall maintain status quo till the next date of hearing. 15.09.2025” Similar orders have been passed in the other writ petitions also. 6. Learned counsel for the respondents has submitted that the allotment had to be cancelled in view of the vigilance enquiry held in pursuance of the orders passed in the PIL as certain irregularities were PAWAN KUMAR 2026.07.24 11:03 I attest to the accuracy and authenticity of this document CWP-22632-2026 [6] found. 7. However, on a pointed query raised by this Court, learned counsel for the respondents could not dispute the fact that no individual show cause notice or opportunity of hearing was granted to the petitioner before passing the impugned order. 8. Keeping in view the above said facts and circumstances, moreso, the fact that the action against the petitioner is in violation of the principles of natural justice and that it is a matter of settled law that any order entailing civil consequences should be passed after granting due opportunity of hearing to the petitioner, the present writ petition is partly allowed and the impugned order is 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 petitioner. The present order would not be construed as an expression of opinion on the merits of the case as the impugned order has been set aside solely on the ground of violation of the principles of natural justice. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE 23.07.2026 Pawan Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2026.07.24 11:03 I attest to the accuracy and authenticity of this document