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RAJASTHAN HIGH COURT
Dinesh Mehta, J.
Jasveer Singh & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 624 of 2021
Decided On : 18-10-2021
[REMAND] - [ADMINISTRATIVE LAW] - [The court emphasized the necessity of following due process in administrative decisions, highlighting the requirement for a fresh order to be issued by the Executive Engineer after providing an opportunity for hearing to all affected parties, thereby ensuring fairness and adherence to legal standards.]
Fact of the Case:
The petitioners challenged the orders passed by the Executive Engineer and the Superintendent Engineer, which were quashed by a previous judgment that remanded the matter for a fresh decision.
Finding of the Court:
The court found that the previous orders were improperly issued and that the matter needed to be reconsidered by the Executive Engineer, ensuring all affected parties were heard.
Issues: Whether the previous orders were valid and whether the Executive Engineer was required to provide a hearing to affected parties before making a new decision.
Ratio Decidendi: The court held that administrative decisions must comply with principles of natural justice, including the right to a fair hearing, and that previous orders were quashed to allow for a proper process.
Result: The court allowed the writ petition, quashed the impugned orders, and remanded the matter back to the Executive Engineer for a fresh decision within one month.
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 order dated 15.11.2017 (Annex.5) and order dated 17.07.2020 (Annex.7) are hereby quashed and set aside.
6. The matter is remanded back to Executive Engineer, Water Resources, South Division, Sri Ganganagar for deciding the matter afresh, within a period of one month from the date of receipt of certified copy of this order, after affording opportunity of hearing to all the affected persons.
7. Stay application too stands disposed of accordingly.
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