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1982 Supreme(P&H) 177

M.R.SHARMA, S.S.SANDHAWALIA
Jagdish Rai Monga – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Is the rule of audi alteram partem attracted inflexibly to the exercise of the power of dissolution of an Improvement Trust under Section 103 of the Punjab Town Improvement Act (hereinafter referred to as the Act ) is the spinal issue which has come to the fore in this set of 8 writ petitions assiduously assailing the dissolution of as many as 21 Improvement Trusts at one stroke within the State of Punjab by a single notification?

2. Learned counsel for the parties are agreed that the issues of law are identical and the facts giving rise thereto are closely similar. It therefore, suffices to advert briefly to those in Civil Writ Petition No.2856 of 1980 (Jagdish Rai Monga V/s. The State of Punjab). Petitioner No. 1 way the Chairman whilst the other three were the trustees of the recently dissolved Bhatinda Improvement Trust. Petitioner No.1 was appointed Chairman initially for a period of one year vide notification dated 4th August, 1978 and was reappointed as such for a period of two years with effect from 10th of August, 1979 by a similar notification (Annexure-P-2). Consequently, it is the claim of the petitioners that the Chairman of the Trust is









































































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