Case Note & Summary
The petitioner, Narayan Sonaji Patil (since deceased, represented by legal representatives), filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order dated 30th June 1992 passed by the Additional Commissioner, Nashik Division, Nashik, in Revision Application No. 46 of 1992. The Additional Commissioner had confirmed the order dated 31st December 1991 passed by the Collector, Jalgaon, in Ceiling Case No. 2263 of 1992, declaring certain lands of the petitioner as surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The petitioner contended that the Collector passed the order without giving him any opportunity of hearing, thereby violating the principles of natural justice. The respondent State, represented by the Assistant Government Pleader, argued that the petitioner had participated in the proceedings before the Additional Commissioner and that the order was just and proper. The court examined the record and found that the Collector's order did not indicate that any notice was given to the petitioner or that he was heard. The court noted that the Additional Commissioner had also not considered this aspect. The court held that the order of the Collector was passed in gross violation of the principles of natural justice, as the petitioner was not afforded an opportunity of hearing. Consequently, the court set aside both the orders of the Collector and the Additional Commissioner and remanded the matter to the Collector for fresh decision after giving the petitioner an opportunity of hearing and in accordance with law. The writ petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Natural Justice - Right of Hearing - Violation of Principles of Natural Justice - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Sections 12, 21, 46 - The petitioner challenged the order of the Additional Commissioner confirming the Collector's order declaring his land as surplus. The court found that the Collector had not given any opportunity of hearing to the petitioner before passing the order. The court held that the order was passed in violation of principles of natural justice and set aside the impugned orders, remanding the matter to the Collector for fresh decision after hearing the petitioner. (Paras 1-6) B) Land Law - Ceiling on Holdings - Surplus Land Determination - Remand - Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Sections 12, 21, 46 - The court held that since the petitioner was not heard by the Collector, the entire proceedings were vitiated. The court directed the Collector to decide the matter afresh after giving an opportunity of hearing to the petitioner and in accordance with law. (Paras 5-6)
Issue of Consideration
Whether the order passed by the Additional Commissioner, Nashik Division, Nashik, confirming the order of the Collector declaring the petitioner's land as surplus under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, is sustainable in law when the petitioner was not given an opportunity of hearing before the Collector.
Final Decision
The court allowed the writ petition, set aside the impugned orders of the Collector and Additional Commissioner, and remanded the matter to the Collector for fresh decision after giving the petitioner an opportunity of hearing and in accordance with law. No order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- remand
- Maharashtra Agricultural Lands (Ceiling on Holdings) Act
- 1961
- Section 12
- Section 21
- Section 46
