Revenue Authority Must Provide Opportunity Of Hearing Before Passing Adverse Order Against Any Party: Patna High Court
Case: Chandradev Yadav Vs The State of Bihar
Coram: Justice Sandeep Kumar
Case No.: Civil Writ Jurisdiction Case No. 6418 of 2020
Court Observation: “Any authority under law before passing any order prejudicial to a party must issue notice to the affected party and will pass the order only after appearance of the affected party and after hearing him. In the present case, from perusal of the order dated 24.08.2019 passed by the Additional Collector, Khagaria and also on going through the averments made by the petitioner, which has not been denied by the State or the private respondents, it is clear that the petitioner was never heard by Additional Collector, Khagaria before passing the impugned order dated 24.08.2019.”
“In my opinion, this kind of order is in complete violation of the principle of natural justice and the same cannot be sustained,” “The matter is remitted back to the learned Additional Collector, Khagaria to hear the Jamabandi Correction Appeal Case No.17 of 2018 afresh after issuing notice to the petitioner and the private respondents. While deciding the appeal, the Additional Collector, Khagaria will consider all the submissions of the parties and thereafter, pass a reasoned order in accordance with law,”
Previous Posts
Keywords
Revenue Authority Must Provide Opportunity Of Hearing
