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1994 DIGILAW 464 (MP)

HARYANA NAGAR SAHAKARI GRIHA NIRMAN SANSTHA, MARYADIT v. STATE OF MADBYA PRADESH

1994-07-07

A.R.TIWARI

body1994
A. R. TIWARI, J. ( 1 ) THE petitioner is a society registered under M. P. Cooperative Societies Act. It is constituted for the purposes of providing sites/houses to its members, belonging to low income group. In pursuance of this object, the petitioner entered into an agreement with one Bhagirath for purchase of agricultural land situated in village Sirpur Tehsil Indore bearing survey No 516/1 area 17. 60 acre with land revenue of Rs 43. 50 (Ann. A ). Bhagirath is alleged to have acquired right of Bhumiswami in terms of Sections 168 and 169 of the M. P. Land Revenue Code and this bhagirath obtained a decree of declaration of title from a Civil Court in c S. No. 4-A/81 and secured his mutation as Bhumiswami the respondent No. 2 published Scheme No. 71 which was a housing accommodation scheme. In this scheme the aforesaid survey No. 516/1 was also included. The petitioner applied for exemption of the aforesaid land. Respondent No. 1 granted exemption on 23 2. 85 by order No. 840/m/32. 1/85. It was communicated to the petitioner on 11. 7. 85 (Ann. C ). The respondent no. 1. however, cancelled this exemption on 17. 7. 86 (Ann. G) without hearing the petitioner and without disclosing any reason for the same. Aggrieved by this, the petitioner has filed this writ petition under Article 226 of the Constitution of India. ( 2 ) THE respondent No. 2 has filed return opposing the relief claimed in the petition. ( 3 ) I have heard learned counsel for both sides. ( 4 ) RIGHT at the threshold, respondent No. 2 submitted that the aforesaid land belonging to the petitioner has been denolifted on 11. 11. 88 as is c'ear from Annexure Y is placed on record by the petitioner along with tht rejoinder. According to learned counsel for respondent No. 2 with the result of this de-notification, Annexure G should ipso facto come to an end. The petitioner, however, prays for quashment of Annexure G. ( 5 ) IN AIR 1990 SC 1984 (S. N. Mukherjee v. Union of India) it is laid down that administrative action must be supported by reasons. According to learned counsel for respondent No. 2 with the result of this de-notification, Annexure G should ipso facto come to an end. The petitioner, however, prays for quashment of Annexure G. ( 5 ) IN AIR 1990 SC 1984 (S. N. Mukherjee v. Union of India) it is laid down that administrative action must be supported by reasons. Para 13 lays down as under : "in Allexander Machinery (Dudley) Ltd. v. Crabtree, 1974 ICR 120 sir John Donaldson, as President of the National Industrial relations Court, has observed that I "failure to give reasons amounts to denial of justice". ( 6 ) ADMITTEDLY the petitioner has not been heard and Annexure G does not contain reasons. ( 7 ) IN the result, in view of the aforesaid infirmity and also in the light of denotification, I hold that Annexure G is liable to be quashed and is accordingly quashed. Respondent No. 1 is, however, granted liberty to proceed against the petitioner afresh in this behalf, if It elects to do so. ( 8 ) THE petition thus stands allowed in terms indicated above with no order as to costs. Security cost if any, shall be refunded to the petitioner after due verification. Petition allowed. .