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2022 (2) TMI 243 - GUJARAT HIGH COURTAppointment of administrator of properties - withdrawal of notice of attachment issue to any tenant of any property - HELD THAT:- It is admitted fact that the property in question does not belong to the government. Not only it appears fom the record that the property is of private property of late Mahant Atmaram but also the government has assessed the property as unclaimed property. It appears that initially the order of handing over the moveable and immoveable property including the cash amount was passed by the earlier government and the cheque was also issued in favour of the original petitioner no.1, who had died during the pendency of the petition. It is pertinent to note that the deceased petitioner was declared to be a “Chela” or heir of Guru Ranchhoddas by his Will dated 12.2.1978. The petitioner approached the Court of learned Civil Judge for Succession Certificate by filing Succession Application No.34 of 1995. Pending that application, decision to hand over the movable and immovable property in favour of the petitioner was taken by the then State Government and proceeding of entrustment of properties to the petitioner was initiated. In that view of the matter, the petitioner withdrew said Succession Application No.34 of 1995 for issuance of succession certificate due to decision of earlier State Government of handing over movable and immovable property to the petitioner. Thus, the petitioner has relinquished his right to get succession certificate. It also appears that the next government had stayed the proceedings and intimated the Collector to keep inabayance of the order and granting the properties in favour of the deceased petitioner. Upon considering the averments made in the affidavit in reply it clearly appears that at no point of time any opportunity was given to the petitioner. It is tried law that any order affecting any legal rights of any person, an opportunity of being heard needs to be granted especially when there is one order passed in his favour in respect of moveable or immovable property and the same order has partly implemented - the respondents are hereby directed to give appropriate opportunity to the petitioners of being heard for cancellation of the order of granting moveable and immovable property in favour of deceased petitioner no.1. The petition stands disposed of.
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