The State cannot revoke an exchange of land granted to a person without giving him an opportunity of hearing.

V.G. Palshikar, J.-By this petition, the petitioner has challenged the order passed by the Govt. on 25th January 1983 (Anx. P/10), which reads thus:

ÞjktLFkku ljdkj jktLo ¼xzzqi & 3½ foHkkx & & & & & & & & & & Øekad%& i- 2¼355½ jkt@3@81 iqj;t ]

fnukad 25-01-1983 izsf "kr%& ftyk/kh’k] lokbZek/kksiqjA fo"k;%& izkFkZuk i= Jh Qrsg flag Jh lxr flag Hkw-iw- tkxhjnkj xzke pksjfM;k] gky lokbZek/kksiqj ckcr d`f"k Hkwfe [k- ua- 23@351 ,oa 47@354] jdck 49 ch?kk ekStk vuqix<] rglhy jk;flag uxj] ftyk xaxkuxj ds cnys [kljk ua- 58 ekStk ek/kksiqj esa Hkwfe fnykusA laUnHkZ%& vkidk i= Øekad i- 3¼4½ jkt@82@7813 fnukad 14-12-1982-

egksn;]

mijksDr fo"k;kUrxZr laUnHkZ esa bl foHkkx ds le&la[;d i= fnukad 06-12-1982 }kjk izkFkhZ Jh Qrsg tks ekSix<] rglhy jktflaguxj dh Hkwg flatk vuqfe ds cnys [-ua- 58 ekStk ek/kksflagiqjk] rglhy lokbZek/kksiqj dh Hkwfe ds ,DlpsUt fd;s tkus dh Lohd`fr vkns’k dks rqjUr izHkko ls LFkfxr dh tkrh gS] vkns’kkuqlkj funsZ’k gS fd vkxkeh vkns’k rd ekStk jkflagiqjk@ek/kksflagiqjk dh [kljk ua-58 ls 49 ch?kk Hkwfe dk dCtk Jh Qrsg flag dks ugha fn;k tkosa] vkSj ;fn ns fn;k x;k gks rks og Hkwfe rRdky okil jktLo foHkkx ds vf /kdkj esa yh tkosaA vkns’kksa dh ikyuk fjiksVZ ykSVrh Mkd ls fHktokosaA

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mi kklu lfpoß

2. A reading of the above order makes it abundantly clear that it is an interim order and yet it proceeds to decide finally the question of possession. It is challenged on the ground of total lack of jurisdiction in the State to do so and assuming that there is such jurisdiction, it is violative of the principles of natural justice as it is passed without giving any opportunity of any kind to the petitioner to show cause. Facts necessary to adjudicate upon this dispute are as under: That on 27th July 1961, the petitioner who was Ex-Jagir, was allotted 50 bighas of land! An allotment letter was issued on 26th February 1962 and since then the petitioner was in possession of the land covered by this allotment order. The petitioner cultivated that land for about 19 years. While he was in service, having found that it has become increasingly difficult for the petitioner to cultivate this land which was situated in Sriganganagar Distt., from the place of his employment which was situated in Sawai-madhopur District, he therefore, applied on 26th August 1981 for exchange of land in Sriganganagar Distt. with the land in Sawai-madhopur. 3-4. That the proposal of exchange, as submitted by the petitioner, was accepted by the State and the acceptance was communicated by Anx. P/3 dated 6th December 1982. The acceptance of exchange was subject to certain conditions mentioned in Anx. P/3. The petitioner fulfilled those conditions, delivered possession of the land in Sriganganagar to the State and took possession of the land in Sawaimadhopur District.

5. That according to the Govt. it was revealed that the petitioner, has already entered into an agreement to sell the land in Sriganganagar to one Shri Ghanshyam Singh and has thus committed fraud on the State in obtaining acceptance of the exchange of the land, hence the impugned order was made.

6. It is obvious from the impugned order that proceedings are contemplated by the State which granted the exchange, to revoke grant, as is evident by the letter dated 6-12-82 on the ground of fraud, misrepresentation etc. by the petitioner. The power of the State to do so is disputed by the petitioner in this petition. However, it is not disputed that the petitioner was not given any opportunity to show cause in these proceedings, by which the acceptance of exchange dated 6-12-82 was sought to be revoked. In view of this admitted position, the violation of the basic principles of natural justice is evidently proved and on this ground alone, the order dated 29-1-83 is liable to be quashed. There is, in my opinion, no reason to go into the other disputed question of fact, which will remain open for the parties to raise and get adjudicated upon before the State Govt. The petition