Case Note & Summary
The petitioners filed a Special Civil Application under Article 226 of the Constitution of India challenging an order dated 22.02.2017 passed by the Special Secretary (Appeals), Revenue Department (respondent no.1) in a Revision Application under Section 34 of the Gujarat Land Revenue Code, 1879. The petitioners contended that the revisional order was passed without providing them copies of the documents relied upon by the authority and without affording them a proper opportunity of hearing, thereby violating principles of natural justice. The court, after hearing the learned advocate for the petitioners and the learned Assistant Government Pleader for the respondent no.1, found that the revisional authority had not furnished copies of the documents to the petitioners, which constituted a gross violation of natural justice. Consequently, the court quashed and set aside the impugned order and remanded the matter back to the respondent no.1 for fresh adjudication. The court directed that the respondent no.1 shall provide copies of all documents relied upon to the petitioners and afford them a reasonable opportunity of hearing before passing a fresh order. The revision application was directed to be decided within six months from the date of receipt of the order. The petition was allowed accordingly.
Headnote
A) Administrative Law - Natural Justice - Right to Hearing - Section 34, Gujarat Land Revenue Code, 1879 - The revisional authority passed an order without furnishing copies of documents relied upon to the petitioners, thereby violating principles of natural justice. The court held that the order was passed in gross violation of natural justice and quashed it, remanding the matter for fresh hearing after providing copies of documents and affording opportunity of hearing. (Paras 1-6) B) Land Revenue - Revision - Remand - Section 34, Gujarat Land Revenue Code, 1879 - The court set aside the revisional order dated 22.02.2017 and directed the respondent no.1 to decide the revision application afresh after giving copies of documents and hearing the parties. The court also directed that the revision be decided within six months from the date of receipt of the order. (Paras 5-6)
Issue of Consideration
Whether the revisional order passed by the Special Secretary (Appeals), Revenue Department, without providing copies of documents relied upon and without affording proper opportunity of hearing, is sustainable in law.
Final Decision
The court quashed and set aside the order dated 22.02.2017 passed by the respondent no.1 and remanded the matter for fresh adjudication. The respondent no.1 was directed to provide copies of all documents relied upon to the petitioners and afford them a reasonable opportunity of hearing before passing a fresh order. The revision application was directed to be decided within six months from the date of receipt of the order. The petition was allowed.
Law Points
- Natural justice
- Right to hearing
- Revision under Gujarat Land Revenue Code
- 1879
- Section 34
- Quashing of order
- Remand
