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HIGH COURT OF GUJARAT
NSK
GIRDHARLAL MOHANLAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Heard learned advocate Mr. R.M. Bhatt for the petitioner and learned AGP Mr. Jayneel Parikh for the respondent No.1 State.
2. Learned advocate Mr. Chitrajeet Upadhyay with learned advocate Mr. Param Dave have requested permission to appear on behalf of the respondent No.5 and whereas an affidavit in reply is filed, the same is ordered to be taken on record. Learned advocate has been permitted to make submissions.
3. By way of this petition, the petitioner has challenged an order dated 12.02.2025, whereby the Mamlatdar, Tarapur, has reduced / corrected the extent of land held by the petitioner in 7/12 extract in so far as land of the petitioner is concerned.
4. Since it appears to this Court that the petitioner may not have been given a fair opportunity before the order impugned was passed and whereas upon a broad consensus being arrived at, more particularly the State being inclined to take an appropriate decision after affording an opportunity to the petitioner and to such person, who would be affected basis any order that would be passed by the Mamlatdar, to this Court, the following directions would meet with the ends of justice:
(a) The order dated 12.02.2025 passed by th
The necessity of affording a fair hearing before administrative decisions is crucial to ensure due process.
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.
Mandatory compliance with the provisions of the Act and adherence to the principles of natural justice in administrative proceedings
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....
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