This writ petition has been- filed against the order dated 31.7.2008 passed by the S.D.O., Nagar Untari (Annexure-12) and the order dated 18.8.2008 passed by the learned Deputy Commissioner, Garhwa (Annexurec13) cancelling the Jamabandi of the petitioner, on the ground that it was illegally created in favour of the petitioner.

2. Learned counsel for the petitioner submitted that no opportunity of hearing was given to him before passing the impugned orders.

3. It appears from the said' orders that the petitioner was given notice pursuant to which he filed show-cause and also the documents in support of his case; and after considering them and also the relevant records, the said orders were passed; but it does not appear that petitioner was given opportunity of hearing.

4. In the circumstances, I am inclined to give opportunity of hearing to the petitioner.

5. Accordingly, petitioner is directed to appear alongwith a copy of this order before the Deputy• Commissioner at 11:00 A.M. on 18th January, 2010 who will pass a fresh order after giving opportunity of hearing to the petitioner as early as possible and preferably within a period of six weeks from such appearance.

6. It is made clear that this Court has not gone into the merits of the case of the petitioner. It is further made clear that if the petitioner does not cooperate in hearing, ex parte order can be passed against him.

7. With these observations and directions, this writ petition is disposed of.

However, no costs.