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Judgment
S. Abdul Nazeer
Though these matters are listed for orders, by consent of the learned Counsel for the parties, they are taken. up for final hearing, heard and disposed of by this order.
The land bearing Assessment No. 1357/A of Molakalmuru, measuring 100'' x 22 1/2 was allotted by the Deputy Commissioner, Chitradurga in favor of Masjid A. Rahamania, by order at Annexure-D dated 19.5.2006 on payment of 50 % of the market value. The contention of the petitioners is that the mosque has already deposited the said amount with the Deputy Commissioner, However, by a subsequent order at Annexure-G dated 23.5.2007, the Deputy Commissioner has withdrawn the order at Annexure-D. The petitioners have called in, question the validity of the said order in these writ petitions.
I have heard the learned Counsel for the parties.
it is not in dispute that the land measuring 100'' x 22 1/2 was allotted in favor of Masjid A. Rahamanja as per the order at Annexure-D dated 19.5.2006. However, the Deputy Commissioner has unilaterally withdrawn the said order at Annexure-G dated 23.5.2007 on the ground that the said land was already allotted to the Education Department. It is not in dispute that the representatives of the mosque were not heard before passing the order at Annexure-G. Thus, the order at Annexure-G is unilateral in nature and is opposed to the principles of nature justice. Therefore, the order at Annexure-G requires to be quashed.
In the result, the writ petitions succeed and they are accordingly allowed in part. The order at Annexure-G dated 23.5.2007 passed by the 2nd respondent is hereby quashed. The matter is remitted back to the 2nd respondent for fresh disposal in accordance with law. Needless to say that if the 2nd respondent intends to withdraw the grant of land, he has tc issue show cause notice to the representatives of the mosque as also to the Deputy Director of Public Instructions, Chitradurga and pass appropriate orders thereon in accordance with law after affording them an opportunity of being heard.
In view of the disposal of the writ petitions as above, 11 is dismissed as having become in fructuous. No costs.