Case Note & Summary
The petitioner, Sri Yogananda Murthy A, a Licensed Surveyor, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 15.07.2017 passed by the Commissioner, Survey Settlement and Land Records (first respondent). The impugned order suspended the petitioner's licence, which was initially issued on 01.10.2008 and renewed from time to time. The petitioner had obtained the licence after undergoing four months of training and passing an examination conducted by the Survey Settlement Training Institute of Karnataka, with his area of operation being Devanahalli Taluk. He had been regularly entrusted with survey work by the Tahsildar of Devanahalli Taluk. The petitioner contended that the impugned order was passed without any notice or opportunity of hearing, thereby violating the principles of natural justice. The respondents, represented by the State Government Advocate, did not dispute the lack of hearing. The court, after considering the submissions, found that the order was indeed passed without affording the petitioner an opportunity to be heard. The court held that the impugned order was in violation of natural justice and could not be sustained. Consequently, the court allowed the writ petition, quashed the order dated 15.07.2017, and directed the first respondent to pass fresh orders after giving the petitioner a reasonable opportunity of hearing, including the right to file objections and produce documents. The court clarified that it had not expressed any opinion on the merits of the case.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Suspension of Licence - The petitioner, a Licensed Surveyor, challenged the order dated 15.07.2017 passed by the Commissioner, Survey Settlement and Land Records, suspending his licence without giving him an opportunity of hearing. The court held that the impugned order was passed in violation of principles of natural justice and set it aside, directing the respondent to pass fresh orders after affording the petitioner a reasonable opportunity of hearing. (Paras 1-5) B) Land Revenue - Licensed Surveyor - Suspension of Licence - Karnataka Land Revenue Act, 1964 - The petitioner's licence was suspended by the Commissioner without any notice or hearing. The court found that the order was arbitrary and contrary to law, as no opportunity was given to the petitioner to explain his case. The matter was remitted back to the Commissioner for fresh consideration after hearing the petitioner. (Paras 2-5)
Issue of Consideration
Whether the order suspending the petitioner's licence as a Licensed Surveyor was passed in violation of principles of natural justice and without affording an opportunity of hearing.
Final Decision
The writ petition is allowed. The impugned order dated 15.07.2017 passed by the first respondent in proceedings No.SSLR-13011/37/2016-PMU-SSLR is quashed. The matter is remitted back to the first respondent to pass fresh orders after affording the petitioner a reasonable opportunity of hearing, including the right to file objections and produce documents. No order as to costs.
Law Points
- Natural justice
- audi alteram partem
- opportunity of hearing
- suspension of licence
- surveyor licence
- Karnataka Land Revenue Act
- 1964
