The court upheld the principle of natural justice, ruling that orders made without affording parties an opportunity to be heard are invalid.

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 petitioners have already preferred a Civil Suit. Hence, learned Senior Advocate would submit that even the application before the Mamlatdar being Mamlatdar Court Case No. ARV/1/2024 may be permitted to be withdrawn by this Court and whereas the order passed by the Mamlatdar dated 22.10.2024 and the order passed by the Deputy Collector dated 07.02.2025 may be quashed and set aside by this Court.

4. Learned AGP Mr. J.K. Shah for the respondent-State would not have any objection to such a proposition.

5. Considering the submissions made by the learned counsel for the respective parties and considering that the proceedings before the Mamlatdar had been initiated by the present private respondents, and whereas the present private respondents not wanting to continue with the proceedings any further, more particularly requesting this Court to set aside the orders passed by the authorities concerned, to this Court, the said request being reasonable is acceded to.

6. The proceedings before the Mamlatdar being Mamlatdar Court Case No. ARV/1/2024, resulting in order dated 22.10.2024 and consequentially the revision proceedings before the Deputy Collector being Mamlatdar Courts Act/Revision/Case No.7/2024, resulting in order dated 07.02.2025, are hereby disposed of and whereas the said orders passed by the concerned authorities i.e. the Mamlatdar, Meghraj and the Deputy Collector, Modasa are treated as non est. It is open for the parties to take appropriate recourse in accordance with law.

7. With the above observations and directions, the present petition stands disposed of as partly allowed.