Case Note & Summary
The case concerned a writ petition filed under Article 226 of the Constitution of India by a religious charitable trust challenging an order of the Deputy Commissioner, Hassan, which cancelled a prior grant of one acre of land. The petitioner, St. Mary's Parish Church Trust, had approached the Government for allotment of land for church purposes. After processing the application, the Government directed the Deputy Commissioner to grant land. On 03.07.2019, the Deputy Commissioner granted one acre of land in Survey No.17 of Kuppalli Village. The petitioner accepted the grant and filed for mutation. Revenue authorities, after due enquiry, mutated the land in the petitioner's name, and the name was reflected in the Record of Rights (RTC) for 2019-2020. The petitioner then applied for phod (subdivision) of the granted land. The Tahsildar directed a survey and sketch preparation. Subsequently, based on a complaint from some villagers, the Deputy Commissioner passed an order on 31.01.2020 cancelling the grant, without issuing any notice or providing an opportunity of hearing to the petitioner. The petitioner challenged this cancellation order contending violation of principles of natural justice. The State supported the impugned order. The High Court, after hearing both sides, held that before passing any adverse order affecting a person's rights, the authority must give that person an opportunity to put forth his case and be heard. The Deputy Commissioner failed to follow this procedure, thereby violating the principles of natural justice. Consequently, the Court set aside the impugned order dated 31.01.2020 and remitted the matter to the Deputy Commissioner, directing him to provide an opportunity to the petitioner to file objections and pass fresh orders after hearing the parties, in accordance with law. All contentions of the parties were kept open.
Headnote
A) Administrative Law - Natural Justice - Cancellation Order Without Notice - Principles of Natural Justice - The Deputy Commissioner cancelled grant of land based on a complaint without issuing notice or providing opportunity of hearing to the petitioner, violating the principle that no adverse order may be passed against an interested person without giving opportunity to put forth defence; impugned order set aside and matter remitted for fresh disposal after hearing - Held, violation of natural justice renders order invalid (Paras 5-9).
Issue of Consideration
Whether the order dated 31.01.2020 cancelling the grant of land is in violation of principles of natural justice as it was passed without issuing notice or providing opportunity of hearing to the petitioner?
Final Decision
Writ petition allowed; impugned order dated 31.01.2020 set aside; matter remitted to respondent No.2 with direction to provide opportunity to petitioner to file objection and pass appropriate orders after hearing; all contentions kept open.
Law Points
- Legal points not extracted
- Principles of natural justice
- audi alteram partem
- opportunity of hearing mandatory before passing adverse order
