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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PRAFULLA S.KHUBALKAR
Manubai w/o Kondiram Jawale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. Heard Advocate Mr P. C. Mayure, learned counsel for the petitioners, Advocate Mr S. K. Shirse, learned Assistant Government Pleader for respondent Nos.1 to 4 and Advocate Mr C. K. Shinde, learned counsel for respondent No.7.
3. This petition takes exception to the order dated 27/08/2014, passed by the Hon’ble Minister (Revenue), Maharashtra State, in Appeal No.2014/P.K.131/J-6, by which, the appeal filed by respondent Nos.5 to 7 is allowed by setting aside the orders passed by the Deputy Director of Land Records, Nashik and other subordinate authority.
4. The main thrust of the arguments of the petitioners is violation of principles of natural justice. The petitioners primary contention is that the impugned order is a non-speaking order being unreasoned and having been passed without affording reasonable opportunity of hearing to the petitioner and it is an instance where the principles of natural justice are given complete go bye. In the backdrop of the legal position about settled principles of natural justice, the legality of the impugned order is being te
An order made by a quasi-judicial authority must be reasoned and provide reasonable notice to affected parties, failure to comply vitiates the order.
The impugned orders were violative of principles of natural justice, affecting the civil rights of the petitioner, and were therefore quashed and set aside.
Breach of principles of natural justice in cancellation of mutation entries without affording opportunity of hearing to the petitioner.
The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting pro....
The central legal principle established in the judgment is the requirement of providing a post-order opportunity of hearing to the affected parties, as a violation of natural justice and fair play re....
A mere recital of vague reasons would not be sufficient nor a matter like the present one where the aggrieved party has a right to know the reasons for the decision being taken either for or against ....
A quasi-judicial authority must provide a reasoned order to ensure transparency and accountability in decision-making.
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