Case Note & Summary
The petitioner, Latur Gorakshan Trust, through its Secretary Kantaprasad Vishnudas Rathi, filed a writ petition challenging the order of the Revisional Authority (Minister) dated 20.5.2009 in a revision under the Maharashtra Land Revenue Code. The revision was initially heard on 24.3.2009 and finally on 20.5.2009. The petitioner received a fax notice on 18.5.2009 at 6:30 PM for the hearing on 20.5.2009. The Secretary was on a religious trip to Badrinath and not available. The petitioner wrote a letter requesting an adjournment and at least ten days' notice. Despite this, the Revisional Authority proceeded with the hearing on 20.5.2009 and closed the matter for orders. The impugned order noted that the petitioner did not file written arguments. The petitioner sent subsequent letters on 27.5.2009 and 22.6.2009, which the authority did not consider as written arguments. The High Court held that the short notice and failure to grant an adjournment violated principles of natural justice. The court set aside the impugned order and restored the revision for fresh hearing, directing the Revisional Authority to give reasonable opportunity to all parties and decide the matter afresh within six months.
Headnote
A) Administrative Law - Natural Justice - Adequate Notice - The revisional authority issued notice of hearing on 18.5.2009 via fax for a hearing on 20.5.2009, giving only two days' notice. The petitioner's Secretary was out of town on a religious trip and requested an adjournment. The authority proceeded ex parte and closed the matter for orders. Held that such short notice and failure to grant adjournment violated principles of natural justice. (Paras 3-5)
B) Maharashtra Land Revenue Code - Revision - Opportunity of Hearing - The revisional authority's order noted that the petitioner did not file written arguments, but the petitioner's subsequent letters could not be treated as written arguments. The authority should have granted a reasonable opportunity. Held that the impugned order is set aside and the revision is restored for fresh hearing. (Paras 4-6)
Issue of Consideration
Whether the revisional authority violated principles of natural justice by proceeding with the hearing on 20.5.2009 despite the petitioner's request for adjournment due to inadequate notice and the Secretary's absence on a religious trip.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 20.5.2009, and restored the revision to the file of the Revisional Authority for fresh hearing. The Revisional Authority was directed to give reasonable opportunity to all parties and decide the matter afresh within six months from the date of receipt of the order.
Law Points
- Natural Justice
- Adequate Notice
- Opportunity of Hearing
- Revision under Maharashtra Land Revenue Code
Case Details
2012 LawText (BOM) (07) 1
Writ Petition No. 2401 of 2011
P.M. Shah (senior counsel) h/f S.S. Rathi for petitioner; K.J. Ghute Patil (AGP) for respondent Nos. 1 to 3; Anjali B. Dube for respondent No.4; B.N. Patil for respondent No.5
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging the order of the Revisional Authority (Minister) in a revision under the Maharashtra Land Revenue Code.
Remedy Sought
Petitioner sought quashing of the revisional order dated 20.5.2009 and restoration of the revision for fresh hearing.
Filing Reason
The revisional authority proceeded with the hearing on 20.5.2009 despite the petitioner's request for adjournment due to inadequate notice (only two days' notice via fax) and the Secretary's absence on a religious trip.
Previous Decisions
The revisional authority had initially heard the revision on 24.3.2009 and finally on 20.5.2009, closing it for orders. The petitioner had not filed written arguments.
Issues
Whether the revisional authority violated principles of natural justice by proceeding with the hearing on 20.5.2009 despite the petitioner's request for adjournment due to inadequate notice and the Secretary's absence on a religious trip.
Submissions/Arguments
Petitioner argued that the notice of hearing was received only on 18.5.2009 via fax at 6:30 PM for a hearing on 20.5.2009, giving only two days' notice. The Secretary was out of town on a religious trip. A letter requesting adjournment was sent but ignored. The subsequent letters dated 27.5.2009 and 22.6.2009 were not treated as written arguments.
Respondents (State and private parties) argued that the petitioner had not filed written arguments and the authority proceeded after hearing the other side.
Ratio Decidendi
Principles of natural justice require that a party be given adequate notice and a reasonable opportunity of being heard. Where only two days' notice is given via fax and the party requests an adjournment due to the absence of its representative, proceeding ex parte and closing the matter for orders violates natural justice.
Judgment Excerpts
The learned senior counsel appearing for the petitioner submits that, the Revision was fixed for hearing before the Revisional Authority on 20.5.2009.
The same was received at about 6.30 p.m. on that day.
The petitioner was placed in such a position that, he has no option but to write the said letters to the Revisional Authority.
Procedural History
The revision under the Maharashtra Land Revenue Code was initially heard on 24.3.2009 and finally heard on 20.5.2009. The petitioner received a fax notice on 18.5.2009 at 6:30 PM for the hearing on 20.5.2009. The petitioner requested an adjournment by letter, but the authority proceeded and closed the matter for orders. The petitioner then filed the present writ petition in 2011.
Acts & Sections
- Maharashtra Land Revenue Code:
