Case Note & Summary
The dispute arose from the cancellation of a land allotment by the Additional Collector (Finance), Meerut, on April 14, 1982, due to the appellants' non-appearance despite notice. The appellants had submitted a request for a hearing two days prior to the cancellation, which was ignored. Following the cancellation, their application to set aside the ex-parte order was dismissed on June 25, 1982. Subsequent revisions to higher authorities, including the Additional Commissioner and the Board of Revenue, were unsuccessful. The appellants then filed writ petitions challenging the decisions, which were dismissed by the High Court. The Supreme Court found that the Additional Collector acted unjustly by not considering the appellants' request for a hearing before cancelling the allotment. The court held that the Additional Collector, along with the other authorities, erred in confirming the cancellation without due process. Consequently, the appeal was allowed, the impugned order was set aside, and the matter was remanded to the Additional Collector for a fresh hearing, emphasizing the need for expeditious resolution.
Headnote
A) Administrative Law - Right to Hearing - Ex-parte Order - Cancellation of Allotment - Not justified as appellants were not given an opportunity to be heard - The Additional Collector's order was set aside and remanded for fresh consideration - Held that due process must be followed in administrative decisions affecting rights (Paras 1-5).
Issue of Consideration
Whether the Additional Collector was justified in cancelling the allotment without affording the appellants an opportunity of hearing.
Final Decision
The Supreme Court allowed the appeal, set aside the cancellation order, and remanded the matter to the Additional Collector for a fresh hearing with an opportunity for the appellants to present their case.
Law Points
- Cancellation of allotment
- Ex-parte order
- Right to hearing
- Administrative law principles
