IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1595 OF 2009 (Arising out of S.L.P. (C) No.12001 of 2007)

Abhimanyu Dass Jain (D) Thr. L.Rs. & Anr.     ...Appellant(s)

Versus

Board of Revenue & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

In spite of service of notice, nobody has entered appearance on behalf of

the respondents to contest the prayer made in this appeal.

By order dated 14th april, 1982, the Additional Collector (Finance), Meerut,

cancelled the allotment of plot made in favour of the appellants.  While doing so, the

Additional Collector observed that the allottee has not appeared despite notice.  It is

borne out from the records that two days before the passing of the order dated 14th

April,  1982,  the  appellants  had  made  an  application  for  being  afforded  an

opportunity of hearing.  However, that application was not considered and the order

of cancellation was passed.  When the appellants applied for setting aside the ex-parte

order, their application was dismissed by the Additional Collector (Finance), Meerut,

vide his order dated 25th June, 1982.  Thereafter, the appellants filed revisions before

the Additional  Commissioner, Meerut Division, and the

...2/-

- 2 -  

Board of Revenue for setting aside order dated 14th April, 1982, but could not succeed

in persuading the concerned authorities to entertain their plea.  The writ  petitions

filed  by  the  appellants  challenging  orders  passed  by  the  Additional  Collector

(Finance),  Additional  Commissioner,  Meerut,  and  the  Board  of  Revenue  were

dismissed by the learned Single Judge of the High Court.

Having heard learned counsel for the appellants and perused the records,

we are of the view that the Additional Collector (Finance), Meerut, was not justified

in disposing of the petition against the order cancelling the allotment by an ex-parte

order.  The Additional Commissioner, Meerut, the Board of Revenue and the High

Court also committed grave error by confirming order of cancellation passed by the

Additional Collector.  Hence, the appeal is allowed, impugned order is set aside and

the  matter  is  remanded  to  the  Additional  Collector  (Finance),  Meerut,  who  shall

decide  the  matter afresh  after  giving  opportunity  of  hearing  to  the  parties.   The

matter shall be decided expeditiously.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 06, 2009.