The impugned order directly affecting the legal rights of the appellant could not have been passed without extending him another opportunity of hearing.

JUDGMENT :

Dinesh Maheshwari, J.

1. This intra court appeal is directed against the order dated 07.06.2017 as passed by a learned Single Judge of this Court in WP (C) No.395 of 2016.

2. The respondent No.3 preferred the writ petition aforesaid while stating the grievance against the orders passed by the respondent No.1 Garo Hills Autonomous District Council ["GHADC"] removing him from the office of Gaonbura of Nanirchar and Beparipara village and appointing the present appellant in his place. The writ petitioner (respondent No.3 herein) alleged that the action of the respondents was in absolute violation and disregard of the rules/procedures governing the succession and appointment of Gaonbura. In the said writ petition, the GHADC and its Executive Member, I/C Land Revenue, arrayed as respondents No.1 and 2, were duly represented by the counsel and hence, process was ordered to be issued in relation to the unrepresented respondent in the petition i.e., the present appellant.

3. The record shows that in the first place, notice for the present appellant was sent in the writ petition on 07.03.2017 from Shillong under postal receipt No.D RE469428024IN. However, the said postal article was not served and there was no report of service. Then, by the order dated 05.05.2017, the learned Single Judge permitted fresh steps for service on the present appellant.

4. In compliance of the aforesaid order dated 05.05.2017, fresh notices were issued and were sent from Shillong to the postal address of the appellant at Tura, under postal receipt No.C RE469383328IN on 09.05.2017. Thereafter, on 31.05.2017, an affidavit was filed by the writ petitioner stating completion of service on the respondent No.3 i.e., the present appellant. The learned Single Judge proceeded on such affidavit of service and assumed that the respondent No.3 of the writ petition had been served. The learned Single Judge noted that none had appeared on behalf of the respondent No.3 (present appellant). Thereafter, when the matter was taken up on 07.06.2017, the learned Single Judge noticed the concession on the part of the learned counsel appearing for the respondents No.1 and 2 that they were ready to hold fresh election. In view of the submissions so made, the learned Single Judge allowed the writ petition while setting aside the orders impugned and while directing that fresh election shall be held within a month from the date of receipt of the order.

5. Seeking to question the order aforesaid, the respondent No.3 of the writ petition has preferred this intra court appeal with the basic submissions that the order impugned was passed without service of notice on him and without giving him an opportunity of hearing.

6. This matter was taken up for consideration on 05.07.2017 and after taking note of all the facts and circumstances and the record of the case, we found it prima facie clear that the article meant for the petitioner was not delivered at his postal address at Tura but, in fact, it was delivered back at Shillong, GPO, the place of its origin; and it was returned with the postal endorsement of "not found". Though after noticing such endorsement, in the first place, learned counsel for the writ petitioner (respondent No. 3) conceded about the facts that the article was indeed not delivered to the appellant and hence, he was not served, but then, made a submission that if the appellant was not having the knowledge about the writ petition, how did he at all come in possession of the papers related with the writ petition that have been filed with the paper book of this appeal.

7. Having regard to the circumstances of the case, even while expressing prima facie opinion, we extended an opportunity to the writ petitioner (respondent No. 3) to file specific affidavit as regards the issues concerning service and adjourned the mater for four weeks, while staying the operation of the order impugned and while observing as under:

"On perusal of the record, we have noticed that the post