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DINESH MEHTA
Jasveer Singh – Appellant
Versus
State of Rajasthan – Respondent
Subject: Administrative Law - Writ Petition involving principles of natural justice in administrative decisions. (!) (!) (!) (!)
Key Facts: - Petitioners challenged orders dated 15.11.2017 passed by the Executive Engineer and 17.07.2020 passed by the Superintendent Engineer. (!) (!) (!) - A prior judgment by a Coordinate Bench had quashed those orders and remanded the matter to the Executive Engineer for a fresh decision after providing an opportunity of hearing to affected parties. (!) (!) - Counsel for respondents did not dispute the position. (!)
Issues: - Validity of the impugned administrative orders. (!) (!) (!) - Requirement to afford opportunity of hearing to affected parties before issuing fresh orders. (!) (!)
Court's Findings and Ratio: - Administrative decisions must adhere to principles of natural justice, including providing affected parties a fair opportunity to be heard before final orders. (!) (!) - Impugned orders were improperly issued without due process. (!) (!) (!)
Decision: - Writ petition allowed. (!) - Impugned orders dated 15.11.2017 (Annex.5) and 17.07.2020 (Annex.7) quashed and set aside. (!) - Matter remanded to Executive Engineer, Water Resources, South Division, Sri Ganganagar, for fresh decision within one month from receipt of certified copy of the order, after affording opportunity of hearing to all affected persons. (!) (!) - Stay application disposed of. (!)
JUDGMENT
Dinesh Mehta, J. - Mr. Purohit, learned counsel for the petitioners, submits that Coordinate Bench of this Court vide its judgment dated 22.09.2021 in SB Civil Writ Petition No.12612/2020 : Kulveer Singh & Ors. Vs. State of Rajasthan & Ors, has allowed the writ petition and remanded the matter back to the Executive Engineer to pass fresh order in accordance with law.
2. The operative portion of the order dated 22.09.2021 reads thus :
3. Ms. Saloni Malpani, learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.
4. In view of the above, the present writ petition is also, therefore, allowed in the same terms.
5. The impugned ord
Administrative decisions must adhere to principles of natural justice, including providing affected parties with an opportunity to be heard before any final decision is made.
The main legal point established in the judgment is the requirement for the Executive Engineer to follow due process and the Appellate Authority's findings on the equitable supply of water and the pr....
Fields of parties has been continuing for last 32 years, and thus, after lapse of such a long period, petitioner cannot raise any objection.
The main legal point established in the judgment is that the orders passed by the Executive Engineer and Superintending Engineer were not sustainable as they violated the provisions of the Rajasthan ....
The main legal point established in the judgment is the requirement for the court to consider all rival contentions and to ensure a fresh reconsideration of the matter in accordance with the law.
The main legal point established is that in cases where the action of the respondents is illegal, in violation of the principles of natural justice, and where fundamental rights have been violated, a....
The court's decision emphasized the importance of upholding orders based on reports submitted by relevant authorities and the limited scope of interference under Article 227 of the Constitution of In....
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