Importance of providing an opportunity of hearing before issuing final orders.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing letter No. 910 dated 16.08.2021, letter No. 1070 dated 20.09.2021, letter No. 982 dated 26.08.2021, letter No. 1026 dated 08.09.2021 and letter No. 1044 dated 14.09.2021 (Annexure-6 series to the writ petition) issued by the respondent No. 4, who on the basis of the inspections made by the officials of the Jharkhand Industrial Area Development Authority (JIADA), Ranchi Region, Ranchi behind the back of the petitioners and without serving copy of the same, has directed them to stop unauthorized use of the premises in question, except the purpose for which the same were allotted to them as well as to stop the use of the same for residential purposes, failing which an appropriate action would be taken against them in accordance with law.

2. Heard learned counsel for the parties and perused the contents of the writ petition.

3. The main grievance of the petitioners is that the inspections of the respective industrial plots allotted to them were made by the officials of the JIADA, Ranchi Region, Ranchi behind their back. Moreover, the impugned letters have been issued in the shape of the final direction given to them to stop using the land in question for any other purposes, except the purpose for which the same were allotted as well as not to use the same for residential purposes.

4. According to learned Sr. counsel for the petitioners, 5% of the allotted land can be used for residential purposes of the staff or the industrialists as per the resolution of the Board of Directors, RIADA (Official Noting No. 12/1993) and hence there is no such restriction in using the allotted industrial plots to such extent. Learned counsel for the respondent Nos. 3 and 4 submits that resolution as contained in Official Noting No. 12/1993 of the erstwhile RIADA has now been superseded vide JIADA Regulation, 2016 and therefore the same will not be applicable in the present case.

5. Be that as it may.

6. Since the specific case of the petitioners is that the impugned letters have been issued in the shape of the final order and no opportunity of hearing was given to them before issuance of the same as well as the inspections of respective industrial premises were made by the officials of the JIADA, Ranchi Region, Ranchi behind their back, this Court is of the view that the matter is required to be appropriately considered by the competent authority.

7. Hence, without commenting on the merit of the case, the respondent No. 4 is directed to issue fresh notices to the petitioners on the present issue and after providing an opportunity of hearing to them/their representatives, to pass an appropriate order in accordance with law expeditiously. It goes without saying that the respondent No. 4 before passing the final order in this regard, will supply the inspection reports on the basis of which the impugned letters have been issued or will get fresh inspections done by the officials of the JIADA, Ranchi Region, Ranchi in which the petitioners shall fully cooperate.

8. Till the said decision is taken by the respondent No. 4, the execution/implementation of the impugned letter No. 910 dated 16.08.2021, letter No. 1070 dated 20.09.2021, letter No. 982 dated 26.08.2021, letter No. 1026 dated 08.09.2021 and letter No. 1044 dated 14.09.2021 (Annexure-6 series to the writ petition) issued by the respondent No. 4, shall be kept in abeyance.

9. The present writ petition is accordingly disposed of with the aforesaid observations and directions.