SOUMITRA PAL,J. - (1.) Let affidavit of service filed today be kept on record. Let supplementary affidavit of service be filed enclosing the notice dated 18th January, 2012 addressed to the Central Government Advocate, Ministry of Law and Justice, Kolkata. Despite service of notice none appears on behalf of the respondents.
(2.) In the writ petition the petitioner has challenged the notice dated 19th November, 2011 issued by the Lieutenant Colonel, Administration Commandant, Burdwan, the respondent no.2 directing him to remove his belongings by 19th December, 2011 and also intimating that as per paragraph 8 of the memorandum of agreement, the agreement entered into earlier had been cancelled with effect from 19th December, 2011. Thereafter, it appears on 22nd November, 2011 the petitioner was directed again to remove his belongings within three days and it was reiterated that the agreement regarding cycle stand stood cancelled with effect from 19th December, 2011. Submission is during the pendency of the writ petition the respondent authorities by letter dated 10th January, 2012 has again requested him to remove the belongings and the temporary structure from the defence land latest by 20th January, 2012 positively and if not removed by the said date it shall be removed by them at the risk and cost to be borne by the petitioner. According to the petitioner, such action by the respondents is unjust and is against the settled principles of law as he has not been furnished with a copy of the complaint which has been received from ESM during ESM rally on 13th November, 2011. According to him, he is entitled to know the reason for such action which is under challenge.
(3.) It appears that the respondents had proceeded on the basis of a complaint received from ESM during ESM rally on 13th November, 2011 as evident from the intimation dated 19th November, 2011. By the said intimation the petitioner was directed to remove the belongings by 19th December, 2011. However, it appears from the letter dated 22nd November, 2011 the respondents had directed to remove his belongings within three days from the cycle stand. The reason for such change of stand for early removal of goods is not evident from the letter dated 22nd November, 2011. This apart, I am of the view that as the respondent authorities had acted on the basis of a complaint, before taking action, it should have been furnished to the petitioner and he should have been given an opportunity to controvert the contents contained in the complaint. Therefore, in my view, the action by the respondent authorities in terminating the agreement and in directing the removal of the goods are unjust and illegal. Hence, the impugned notices dated 19th November, 2011 and 22nd November, 2011 are set aside and quashed. Consequently the letter dated 10th January, 2012 is also set aside and quashed. The writ petition is allowed.;