Case Note & Summary
The petitioner, Shri Arif Patel, sole proprietor of M/s Axis Realty, filed a writ petition challenging an interim order dated 20 September 2014 passed by the Maharashtra Revenue Tribunal, Mumbai. The Tribunal had granted an order of status quo in Appeal No. 17 of 2014 filed by respondent No.1, Smt. Sudha Krishna Salian (Pujari), against an order dated 19 April 2014 of the Superintendent of Land Records. The petitioner contended that on 20 September 2014, his advocate was present before the Tribunal, but the matter was simply adjourned to 18 December 2014 on the ground that the reference order under Section 113 of the Code of Civil Procedure, 1908 was not ready due to the steno's sick leave. No motion for interim relief was made at that time. However, on 1 October 2014, the petitioner received a letter from the respondent's advocate informing him that an interim order of status quo had been passed on 20 September 2014 itself. The petitioner obtained a certified copy of the roznama and filed the present petition, arguing that the interim order was passed in gross breach of principles of natural justice and fair play. The respondent argued that the petition was not maintainable due to Section 321 of the Maharashtra Land Revenue Code, 1966, which confers finality on Tribunal orders, and that the roznama did not record the petitioner's counsel's presence. The High Court examined the roznama and found that it did not record the presence of the petitioner's counsel on 20 September 2014, but the court accepted the petitioner's counsel's statement that he was present. The court held that even if the counsel was not present, the Tribunal ought to have given notice before passing an interim order. The impugned order was found to be bereft of reasons and passed without hearing the petitioner, violating natural justice. The High Court quashed the interim order dated 20 September 2014 and directed the Tribunal to hear the parties afresh on the application for interim relief and pass a reasoned order within four weeks.
Headnote
A) Administrative Law - Principles of Natural Justice - Interim Order Without Hearing - Maharashtra Land Revenue Code, 1966, Section 321 - The Tribunal passed an interim order of status quo on 20 September 2014 without hearing the petitioner, despite his counsel being present and the matter being adjourned. The High Court held that the order was passed in gross breach of natural justice and fair play, and quashed it. (Paras 1-6) B) Civil Procedure - Reference to High Court - Section 113, Code of Civil Procedure, 1908 - The Tribunal had recorded that a reference under Section 113 CPC was under preparation, but instead of making the reference, it passed an interim order. The High Court noted that the Tribunal ought to have heard the parties before granting any interim relief. (Paras 2-6)
Issue of Consideration
Whether the interim order dated 20 September 2014 passed by the Maharashtra Revenue Tribunal, granting status quo without hearing the petitioner, is sustainable in law and whether it violates principles of natural justice.
Final Decision
The High Court quashed the interim order dated 20 September 2014 passed by the Maharashtra Revenue Tribunal and directed the Tribunal to hear the parties afresh on the application for interim relief and pass a reasoned order within four weeks.
Law Points
- Principles of natural justice
- fair play
- interim order without hearing
- breach of natural justice
- Section 113 CPC
- Section 321 Maharashtra Land Revenue Code
