Case Note & Summary
The petitioner, Sudhir Yashwant Dhangade, challenged the orders dated 16/06/2017 and 02/01/2018 passed by the learned Tehsildar (Mamlatdar), Chiplun and the learned Additional Collector, Ratnagiri respectively. The respondent no.1, Ankush Kashiram Bole, claimed to be in possession of land Gat No.79 and alleged that he had been using a passage through Gat No.68, which the petitioner obstructed by enclosing Gat No.68 with a compound wall. The respondent no.1 filed an application under Section 5 of the Mamlatdars Courts Act, 1906 seeking removal of obstructions and restraint against the petitioner. The Mamlatdar allowed the application after examining the respondent and his witnesses, directing the petitioner to remove obstructions and restraining him from interfering. The petitioner's revision before the Additional Collector was dismissed. The petitioner then filed a writ petition in the Bombay High Court, contending that he was not given an opportunity to cross-examine the respondent's witnesses or to adduce his own evidence, violating principles of natural justice. The respondent argued that the petitioner had not sought such opportunity before the Mamlatdar or raised the ground before the Additional Collector, and that a civil suit was already pending. The High Court held that the Mamlatdar's order was vitiated due to breach of natural justice, as the petitioner was denied the right to cross-examine and lead evidence. The court set aside the impugned orders and remanded the matter to the Mamlatdar for fresh hearing, directing that both parties be given due opportunity to cross-examine witnesses and adduce evidence. The court clarified that it had not expressed any opinion on the merits of the case.
Headnote
A) Natural Justice - Right to Cross-Examination and Adduce Evidence - Section 5 Mamlatdars Courts Act, 1906 - The petitioner was not given an opportunity to cross-examine the respondent and his witnesses or to adduce his evidence before the Mamlatdar, which constitutes a breach of principles of natural justice - Held that the impugned orders are set aside and the matter is remanded to the Mamlatdar for fresh hearing after giving due opportunity to both parties (Paras 5-9).
Issue of Consideration
Whether the impugned order passed by the Mamlatdar under Section 5 of the Mamlatdars Courts Act, 1906 is vitiated for breach of principles of natural justice.
Final Decision
The impugned orders dated 16/06/2017 and 02/01/2018 are set aside. The matter is remanded to the Mamlatdar for fresh hearing after giving due opportunity to both parties to cross-examine witnesses and adduce evidence. Rule made absolute accordingly.
Law Points
- Principles of natural justice
- right to cross-examination
- right to adduce evidence
- Section 5 Mamlatdars Courts Act 1906
