2000 Supreme(Raj) 1278
RAJASTHAN HIGH COURT AT JODHPUR BENCH
Rajesh Balia, Mohd.Yamin, JJ.
Chairman Municipal Board and Anr. - Appellant
Versus
State of Rajasthan and Ors. - Respondent
D.B. Civil Special Appeal (Writ) Nos. 1368, 1402, 1403, 1404, 1405, 1406, 1407. 1454. 1456, 1457, 1460, 1461, 1462, 1498, 1499, 1500, 1503, 1504, 1505, 1532, 1533 and 1534 of 1999.
Decided On : 10-07-2000
For the Applicant:Kailash Joshi, Advocate.
For the State: R.P. Vyas, Public Prosecutor.
For the Respondent:Chaitanya Gahlot, Advocate.
The principle of natural justice requires that parties should be given an opportunity to be heard before a mandamus is issued for alternative accommodation.
Headnote:
Mandamus - Alternative Accommodation - The court held that the petitions should have been decided after issuing notices to the appellants and giving them an opportunity to file their reply and be heard. The judgment under appeal was set aside, and the matter was to be decided afresh after issuing notice to respondents.
Fact of the Case:
The petitions filed by the respondents were disposed of by the learned Single Judge with directions to the appellants and injunction not to disturb the petitioners until alternative accommodation is made available to them, without issuing notice to the appellants.
Finding of the Court:
The appeals deserve to be allowed as the mandamus was issued to provide alternative accommodation without giving the appellants an opportunity to be heard.
Issues: Failure to issue notice to the appellants before issuing mandamus for alternative accommodation.
Ratio Decidendi: The court held that the appellants should have been given an opportunity to file their reply and be heard before the mandamus for alternative accommodation was issued.
Final Decision: The judgment under appeal was set aside, and the matter was to be decided afresh after issuing notice to respondents. Status quo was to continue until appropriate orders were made by the learned Single Judge.
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