Case Note & Summary
The petitioner, Manoharlal Hundrajmal Gidwani, filed a writ petition challenging an order dated 31st July 2014 passed by the Divisional Commissioner, Amravati, in Revision No. 207/MEC81/Paratwada/201314. The dispute arose from a revision proceeding where the Commissioner had initially fixed the hearing for 2nd September 2014 but later preponed it to 20th July 2014. The petitioner contended that no notice of the preponed hearing date was served upon him, and the acknowledgment on record at page 31 indicated receipt only by respondent No. 4 (Sunil Shambhudayalji Vyas). The Commissioner did not file any reply to contradict this claim. The High Court observed that in the absence of any stand by the Commissioner that notice was served on the petitioner, the order impugned was passed in violation of the principles of natural justice. Consequently, the writ petition was allowed, the impugned order was quashed and set aside, and the parties were directed to appear before the Commissioner on 18th May 2015 without fresh notice. The Commissioner was directed to decide the matter in accordance with law within six months thereafter. No order as to costs.
Headnote
A) Administrative Law - Principles of Natural Justice - Notice of Hearing - The Commissioner preponed the hearing of a revision from 2nd September 2014 to 20th July 2014, but the notice of the preponed date was served only on respondent No. 4 and not on the petitioner. The Commissioner passed the order on 31st July 2014 without giving the petitioner an opportunity of being heard. The High Court held that the order was passed in violation of principles of natural justice and quashed it, directing the Commissioner to decide the matter afresh after hearing the parties. (Paras 2-4)
Issue of Consideration
Whether the order passed by the Commissioner on 31st July 2014 in Revision No. 207/MEC81/Paratwada/201314 is liable to be set aside for being passed in violation of principles of natural justice due to lack of notice to the petitioner.
Final Decision
Writ petition allowed. The order dated 31st July 2014 passed by the Commissioner in Revision No. 207/MEC81/Paratwada/201314 is quashed and set aside. The parties to appear before the Commissioner on 18th May 2015. No fresh notice shall be issued. The Commissioner shall decide the matter in accordance with law within a period of six months thereafter. Rule made absolute. No order as to costs.
Law Points
- Principles of natural justice
- Notice of hearing
- Violation of natural justice
- Quashing of order
