1999 Supreme(Raj) 1215
RAJASTHAN HIGH COURT
B.J.Shethna, J.
Megh Raj - Appellant
Versus
State - Respondent
S. B. Civil Writ Petition No. 2400 of 1996.
Decided On : 3-07-1999
Violation of principles of natural justice in the re-auctioning of land.
Headnote:
Natural Justice - Land Allotment - The court quashed the impugned order for re-auctioning the land, citing violation of principles of natural justice and lack of opportunity for the petitioners to be heard.
Fact of the Case:
The petitioners challenged the impugned order for re-auctioning the land, claiming that they had already deposited 20% of the bid amount, were ready to make the remaining payment, and had not been demanded to do so by the authorities.
Finding of the Court:
The court found that the impugned order violated principles of natural justice as the petitioners were not given an opportunity to be heard before the re-auction decision was made.
Issues: Violation of principles of natural justice, lack of opportunity for the petitioners to be heard.
Ratio Decidendi: The court held that the impugned order was in violation of principles of natural justice and set it aside, allowing the Collector to pass a fresh order only after providing a reasonable opportunity of hearing to the petitioners.
Final Decision: The petition was allowed, and the impugned order for re-auctioning the land was quashed and set aside, with directions for the Collector to provide a reasonable opportunity of hearing to the petitioners before passing a fresh order.
JUDGMENT
1. :- Heard the learned counsel for the parties.
2. The petitioners have challenged in this petition the impugned order dated 8.11.95 (Annexure-4) passed by the Collector, Barmer in exercise of his powers under section 263(1)(2) of the Rajasthan Panchayat Act for re-auctioning the land of the present petitioners.
3. It is the case of the petitioners that in an auction held on 20.3.87 their bid was hightest therefore, the plots in the Abadi area of Dhorimana were allotted with the directions to deposit 20% of the amount of the bid. The said amount was deposited by them for which the receipt was also issued by the Gram Panchayat. They were also given possession of the plot in question. Not only that most of them put up Kaccha and Pakka construction on the land. It is their further case that they were always ready and willing to deposit the remaining amount of land but there was no demand for the same from the authorities till today.
4. It is their grievance that after a period of 8 years without giving notice to them, the Collector Barmer passed the order on 8.11.95 (Annexure-4) of re-auctioning the land in question in exercise of his powers under section 263(2) of the Act. It is, therefore, submitted that the impugned order at Annexure/4 is in violation of principles of natural justice. This is not disputed in reply filed by the other side. Once the possession is handed over to the petitioners on depositing 20% of the land and they were always ready and willing to make the remaining payment as desired by the authorities and if the said payment was never demanded then Collector, Barmer should not have exercised his powers under section 263(2) of the Act and that too without hearing the petitioners. The said order is, therefore, in violation of principles of natural justice and is liable to be set aside.
5. In view of the above discussions this petition is allowed. The impugned order dated 8.11.95 (Annex-4) is hereby quashed and set aside. However, it is made clear that it will be open to the Collector, Barmer to pass fresh order only after extending a reasonable opportunity of hearing to the petitioners.With these directions and observations this petition is allowed to the aforesaid action.Petition Allowed
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