Case Note & Summary
The petitioner, Sant Shri Asharam Ashram through its authorized signatory Rajeshkumar Shadilal Bharti, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court challenging two orders: (1) an order dated 04.04.2025 passed by the City Mamlatdar, Sabarmati (respondent no.2) directing the petitioner to hand over possession of 15778 sq.mtrs. of land allegedly encroached upon, and (2) an order dated 18.07.2025 passed by the Gujarat Revenue Tribunal (GRT) dismissing the petitioner's appeal (Appeal No. APPEAL/AMD/82/2025) and confirming the Mamlatdar's order. The petitioner contended that the eviction order was passed without any show-cause notice and without affording any opportunity of hearing, thereby violating principles of natural justice. The State authorities, represented by the Government Pleader, opposed the petition. The High Court, after hearing both sides, found that the record did not indicate that any show-cause notice was served on the petitioner prior to the impugned order. The Court held that the proceedings under Section 61 of the Gujarat Land Revenue Code, 1879, being quasi-judicial in nature, require strict adherence to natural justice. Since the petitioner was not heard, the orders were unsustainable. Consequently, the Court quashed and set aside both the Mamlatdar's order dated 04.04.2025 and the GRT's order dated 18.07.2025, and remanded the matter back to the City Mamlatdar for fresh consideration after giving the petitioner a reasonable opportunity of hearing. Rule was made absolute.
Headnote
A) Constitutional Law - Article 226 of the Constitution of India - Writ Jurisdiction - The High Court exercised its writ jurisdiction to quash orders passed by revenue authorities that violated principles of natural justice. (Para 1-2) B) Gujarat Land Revenue Code, 1879 - Section 61 - Encroachment Proceedings - The City Mamlatdar ordered the petitioner to hand over possession of 15778 sq.mtrs. of land allegedly encroached upon. The order was passed without issuing a show-cause notice or providing an opportunity of hearing to the petitioner. Held that such proceedings are vitiated for non-compliance with principles of natural justice. (Paras 3-5) C) Natural Justice - Right to be Heard - Audi Alteram Partem - The petitioner was not served with any show-cause notice prior to the eviction order. The Gujarat Revenue Tribunal dismissed the appeal without considering this fundamental defect. Held that the orders are unsustainable and liable to be set aside. (Paras 4-5)
Issue of Consideration
Whether the order of eviction passed by the City Mamlatdar under Section 61 of the Gujarat Land Revenue Code, 1879, and confirmed by the Gujarat Revenue Tribunal, is sustainable in law when the petitioner was not served with a show-cause notice and was not afforded an opportunity of hearing.
Final Decision
The High Court quashed and set aside the order dated 04.04.2025 passed by the City Mamlatdar, Sabarmati, and the order dated 18.07.2025 passed by the Gujarat Revenue Tribunal. The matter was remanded back to the City Mamlatdar for fresh consideration after giving the petitioner a reasonable opportunity of hearing. Rule was made absolute.
Law Points
- Natural Justice
- Right to be Heard
- Encroachment Proceedings
- Section 61 Gujarat Land Revenue Code
- 1879
- Article 226 Constitution of India
- Show-Cause Notice
- Possession Proceedings
