Back
HIGH COURT OF GUJARAT
NSK
BIHOLA MULSINH CHHAGANSINH – Appellant
Versus
DEPUTY COLLECTOR – Respondent
ORDER :
(NIKHIL S. KARIEL, J.)
1. Heard learned Advocate Mr. Nishit P. Gandhi for the petitioners, learned AGP Mr. J.K. Shah for the respondent-State and learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Prateek Bhatia and learned Advocate Mr. Dineshchandra Chauhan fro the respondent No.3.
2. Learned Advocate Mr. Gandhi would submit the order impugned dated 07.02.2025 passed by the Deputy Collector, Modasa, was without affording appropriate opportunity to the present petitioners and whereas, it is submitted that the proceedings were conducted by another Deputy Collector and whereas the present Deputy Collector had taken charge of the post on 28.01.2025 and pass the said order dated 07.02.2025 without affording any opportunity to the parties.
3. Learned Senior Advocate Mr. Mehta appearing for the respondent No.3 would submit that as such, while the issue is with regard to a proceeding under the Mamlatdar Courts Act and whereas the same had been initiated at the behest of the present private respondents, the private respondents would now not wish to continue with the proceedings under the Mamlatdar Courts Act, more particularly on account of the fact that the present pet
The court upheld the principle of natural justice, ruling that orders made without affording parties an opportunity to be heard are invalid.
The importance of reasoned orders and the requirement for the Deputy Collector to consider submissions from both parties in the revision application process.
The absence of a prescribed time limit for filing revision applications under the Mamlatdar Courts Act necessitates judicial intervention when a party has a reasonable cause for delay.
The judgment established the mandatory nature of the provisions under Section 19(2) and (3) of the Mamlatdars’ Courts Act, emphasizing the statutory obligations of the Mamlatdar to follow the prescri....
bar of jurisdiction of Mamlatdar’s Court under Section 26(b), operates only when it is pointed out that the civil suit was filed prior to the institution of proceedings under Section 5 of the said Ac....
The necessity of affording a fair hearing before administrative decisions is crucial to ensure due process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
