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Gujarat High Court · body

1997 DIGILAW 474 (GUJ)

Hitendra Hiralal Patel v. Director Agricultural Marketing and Rural Finance

1997-09-09

R.K.ABICHANDANI

body1997
R. K. ABICHANDANI, J. ( 1 ) RULE in each of these petitions. The learned counsel who are appearing for the respondents waive service of rule. Both the sides request for final disposal of these petitions. ( 2 ) THE grievance of the petitioners is that the respondent No. 1 Director has cancelled the allotment of shops which was made to the petitioners without hearing the petitioners. These shops were allotted to the petitioners admittedly around 28. 9. 1996 under identical agreements. The allotment was on rental basis for a period of 11 months and 29 days as stipulated in Clause 16 of the Agreement. Therefore, subject to cancellation of allotment on any other ground stipulated in the Agreement the petitioners were entitled to continue on the basis of this allotment till the period of 11 months and 29 days was over, at the end of which the tenancy came to an end by efflux of time as stipulated in Clause 16. Therefore, before cancelling the allotment within that stipulated period it was incumbent upon the Director to have heard the petitioners. The Director had authorised the Inquiry officer to hold an inquiry but he made the final orders without hearing the petitioners. The allotments have been set aside on the ground that the petitioners in all these cases were relatives of the members of the Market Committee. The relationship of each of the petitioners with the members of the Market Committee has been pointed out and there is no dispute about it. However, even before setting aside the allotment on this ground it was incumbent on the part of the Director to hear the petitioners. The impugned orders issued by the respondent Director against these petitioners cancelling their allotment cannot therefore be sustained and are hereby set aside. It will be open for the Director to pass fresh orders after hearing the petitioners before termination of the tenancy by efflux of time under Clause 16 of the Agreement i. e. before 27. 9. 1997 or issue other directions in the matter in accordance with law. Rule is made absolute accordingly with no order as to costs in each of these petitions. .