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Judgment
Vipin Sanghi, CJ
The present writ petition has been preferred by the petitioner to assail the notice dated 25.07.2023, issued by the Prescribed Officer (Ceiling) to the petitioner, alleging that the land purchased by the petitioner is falling in a tea estate and could not have been sold by the owner, or purchased by the petitioner. The notice claims that the land belonging to the State.
Earlier, notice had been issued on 15.07.2022 to one Kumud Vaid in respect of the same parcel of land, in respect whereof, Writ Petition (M/S) No.2865 of 2022 had been preferred by the petitioner before this Court. The petitioner has not placed on record a copy of the order passed in that writ petition.
However, Mr. Kandpal submits that the said writ petition was disposed of in terms of the order dated 18.08.2022, passed in Writ Petition (M/S) No.1933 of 2022, a copy whereof has been placed on record. We had directed the petitioners before us to respond to the show-cause notices and also directed that the respondents shall grant a hearing to the petitioners before taking a decision in the matter.
The submission of Mr. Kandpal is that now the notice has been issued in the name of Proprietorship firm Khushi Building Material Supplier, which is the proprietorship of Vinod Kumar- petitioner herein.
In our view, the present writ petitioner should have responded to the show-cause notice rather than approaching this Court at this stage. It is open to the petitioner to state-whatever he desires, in response to the said notice before the Prescribed Authority. We have no doubt that the Prescribed Authority shall consider all the pleas of the petitioner, and pass a reasoned and speaking order, disposing of the show-cause notice.
The petitioner is granted three weeks’ time to file reply to the show-cause notice. The Prescribed Authority shall, thereafter, fix the date of hearing when the petitioner shall be personally heard, and the show-cause notice shall be disposed of by a reasoned and speaking order.
The writ petition is disposed of in the aforesaid terms.
We, however, make it clear that we have not examined the petitioner’s case on merits.
Pending application, if any, also stands disposed of.