Case Note & Summary
The petitioner, Sri Manje Gowda, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking to quash two orders: (1) an order dated 16.1.2014 passed by the President, Zilla Panchayat, Mandya District in Appeal No.7/2002-03 (Annexure-A), and (2) an order dated 7.3.2002 passed by the President, Taluk Panchayat, Nagamangala Taluk in proceedings No. C5 vÁ¥ÀA.¥Àæ.¹Dgï.:83:2001-02 (Annexure-L). The dispute pertained to a land matter involving the petitioner and respondent No.5, Sri Shive Gowda. The petitioner contended that the impugned orders were passed without issuing any notice to him and without affording him an opportunity of being heard, thereby violating the principles of natural justice. The respondents, including the State of Karnataka and the panchayat authorities, were represented by counsel. The court, after hearing the parties, found that the orders were indeed passed in violation of natural justice as no notice was given to the petitioner. Consequently, the court quashed both impugned orders and remitted the matter back to the President of the Zilla Panchayat, Mandya District, with a direction to pass fresh orders after issuing notice to the petitioner and respondent No.5 and affording them a reasonable opportunity of hearing. The court also directed that the matter be disposed of within three months from the date of receipt of the order. The writ petition was allowed in those terms.
Headnote
A) Panchayat Raj - Natural Justice - Right to be Heard - Karnataka Panchayat Raj Act, 1993 - Sections 209, 210 - The petitioner challenged orders passed by the President of Zilla Panchayat and Taluk Panchayat relating to a land dispute without issuing notice to him or affording an opportunity of hearing. The Court held that the orders were passed in violation of principles of natural justice and quashed them, directing the authorities to pass fresh orders after hearing the petitioner. (Paras 1-3)
Issue of Consideration
Whether the impugned orders passed by the President of Zilla Panchayat and Taluk Panchayat are liable to be quashed on the ground of violation of principles of natural justice?
Final Decision
The writ petition is allowed. The impugned orders dated 16.1.2014 (Annexure-A) and 7.3.2002 (Annexure-L) are quashed. The matter is remitted to the President of Zilla Panchayat, Mandya District to pass fresh orders after issuing notice to the petitioner and respondent No.5 and affording them a reasonable opportunity of hearing. The matter shall be disposed of within three months from the date of receipt of the order.
Law Points
- Principles of natural justice
- Right to be heard
- Quasi-judicial orders
- Violation of natural justice renders order void
