IMPORTANT POINT
Even subsequent allottees have the right to be heard and make submissions defending the order of cancellation.

JUDGMENT :

1. Heard Sri Priyam Mishra, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 3 and Ms. Nandini Pandey, learned counsel for respondent No. 5.

2. Present writ petition has been filed by assailing the order of the appellate authority merely on the ground that the petitioner who is a subsequent allottee was never given an opportunity of hearing either by the prescribed authority or by the appellate authority and hence the order is illegal and arbitrary and deserves to be set aside.

3. In support of his arguments, he has relied upon the judgment of the Ho'nble Supreme Court in the case of Ram Kumar Vs. State of Uttar Pradesh and Ors, 2022 SCC OnLine SC 1312 wherein it has been held that even if a subsequent allottee does not have an independent right, he/she still has a right to be heard and to make submissions defending the order of cancellation."

4. Learned counsel for respondents have fairly submitted that the judgment of the Hon'ble Supreme court was not complied with and the petitioner was not made a party before the authorities below and also do not dispute the factual aspect.

5. It has been jointly requested that in light of the judgment passed in the case of Ram Kumar (Supra), the appellate order date 23.11.2023 can be set a side and the matter be remanded to be reheard and decided on merits after giving opportunity to the subsequent allottee i.e. petitioner.

6. In light of the above, the writ petition is allowed. The order dated 23.11.2023 is set aside. The matter is remanded back to the appellate authority to decide a fresh after after giving proper opportunity to the petitioner in light of the judgment passed in the case of Ram Kumar (Supra).

7. Considering that much time has lapsed since pendency of the present dispute, the appellate authority is directed to consider and decide the appeal expeditiously, say, within a period of two months from the date a certified copy of this order is produced before him.

8. Parties undertake to cooperate in the appellate proceedings and shall not take any unnecessary adjournments.