Case Note & Summary
The petitioners, Taraben Somabhai Patel and others, filed two Special Civil Applications under Articles 226 and 227 of the Constitution of India before the Gujarat High Court. They challenged the order dated 06.01.2015 passed by the Collector, Kheda, in N.A. proceedings, and the order dated 08.12.2015 passed by the Special Secretary (Appeals), Revenue Department, in revision proceedings. The petitioners had applied for permission to use their land bearing Survey No. 2284/1 situated at Moje: Killedar Parti, Taluka: Nadiad, District: Kheda, for non-agricultural purposes under Section 65 of the Gujarat Land Revenue Code. The Collector rejected the application without affording a personal hearing to the petitioners. The petitioners then filed a revision application before the Special Secretary, who also dismissed it without considering the merits. The petitioners contended that the impugned orders were passed in violation of principles of natural justice as they were not given an opportunity of being heard. The court, after hearing the learned advocate for the petitioners and the learned Assistant Government Pleader for the respondents, found that the orders were indeed passed without affording a personal hearing. The court noted that the Collector had not considered the application on merits and had not provided any reasons for rejection. The revisional authority also failed to rectify the error. Consequently, the High Court quashed and set aside both the impugned orders and directed the Collector to decide the application under Section 65 of the Gujarat Land Revenue Code afresh, after giving a personal hearing to the petitioners and considering all relevant materials. The court disposed of both petitions with the above directions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - Quashing of Orders - The High Court exercised its writ jurisdiction to quash orders passed by the Collector and the Special Secretary (Appeals) in N.A. proceedings, holding that the orders were passed in violation of principles of natural justice as the petitioners were not given a personal hearing. (Paras 1-13) B) Land Revenue - Non-Agricultural Use - Section 65 of the Gujarat Land Revenue Code - Application for N.A. Permission - The petitioners had applied for permission to use agricultural land for non-agricultural purposes under Section 65 of the Gujarat Land Revenue Code. The Collector rejected the application without affording a personal hearing, and the revisional authority confirmed the rejection. The High Court set aside both orders and directed the Collector to decide the application afresh after giving a personal hearing to the petitioners. (Paras 1-13) C) Natural Justice - Right to Hearing - Personal Hearing - The court held that the failure to provide a personal hearing to the petitioners before rejecting their application under Section 65 of the Gujarat Land Revenue Code vitiated the impugned orders. The matter was remanded back to the Collector for fresh consideration in accordance with law. (Paras 10-13)
Issue of Consideration
Whether the impugned orders dated 06.01.2015 and 08.12.2015 passed by the Collector and the Special Secretary (Appeals) respectively are sustainable in law, particularly when the petitioners were not afforded a personal hearing and their application under Section 65 of the Gujarat Land Revenue Code was rejected without proper consideration.
Final Decision
The High Court quashed and set aside the order dated 06.01.2015 passed by the Collector, Kheda, and the order dated 08.12.2015 passed by the Special Secretary (Appeals), Revenue Department. The court directed the Collector to decide the application under Section 65 of the Gujarat Land Revenue Code afresh, after giving a personal hearing to the petitioners and considering all relevant materials. Both petitions were disposed of accordingly.
Law Points
- Natural justice
- Personal hearing
- Section 65 Gujarat Land Revenue Code
- Non-agricultural use
- Revision powers
- Collector's order
- Secretary's order
- Writ jurisdiction
