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2023 Supreme(All) 1553

IN THE HIGH COURT OF ALLAHABAD
MANISH KUMAR NIGAM, J.
Radhasoami Satsang Sabha - Petitioner
Versus
State Of U.P. And Others - Respondents
Writ C. No. 33655 of 2023
Decided On : 08-11-2023

Advocates Appeared:
For the Petitioner: Ujjawal Satsangi.

The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting property rights.

Headnote:(A) U.P. Revenue Code, 2006 - Section 26 - Natural justice - Writ petition filed challenging notices for removal of alleged encroachments - Court held that principles of natural justice must be observed even in summary proceedings under Section 26 - Petitioner not given adequate notice or opportunity to be heard - Orders passed without considering objections raised by petitioner. (Paras 51-72)

(B) Natural Justice - Audi Alteram Partem - Requirement of notice and hearing before passing orders affecting rights - Denial of reasonable opportunity renders the proceedings vitiated. (Paras 54-60)

Facts of the case:
The petitioner, a registered society, claimed ownership of land and challenged notices for removal of encroachments under U.P. Revenue Code, 2006, asserting violation of natural justice due to inadequate notice and opportunity to contest.

Findings of Court:
The court found that the orders were passed without adequate notice and failed to consider the objections raised by the petitioner, thus violating principles of natural justice.

Issues: Whether the petitioner was given adequate notice and opportunity to contest the orders under Section 26 of U.P. Revenue Code, 2006?

Ratio Decidendi: The court ruled that the principles of natural justice apply even in administrative proceedings and that the petitioner was denied a fair hearing, making the orders invalid.

Result: Writ petition allowed; orders quashed.

JUDGMENT :

(Manish Kumar Nigam, J.)

1. This writ petition has been filed for following prayer:

    (a) Issue a writ, order or direction by calling for records and setting aside the Impugned Notices dated 14.09.2023 passed in Case No. T202301010103629 pertaining to Khasra No. 309 and 320, Jaganpur Mustakil, Tehsil Sadar District Agra;

(b) Issue a writ, order or direction to the respondents not to interfere with the peaceful possession of the property situated at Khasra No. 297/473 Jaganpur Mustakil, Tehsil Sadar, District Agra, Khasra No. 309 Jaganpur Mustakil, Tehsil Sadar, District Agra, Khasra No. 310 Jaganpur Mustakil, Tehsil Sadar, District Agra, Khasra No. 311 Jaganpur Mustakil, Tehsil Sadar, District Agra, and Khasra No. 273, Khaspur Mustakil, Tehsil Sadar, District Agra and permit the Petitioner to restore the walls and gates demolished by the Respondents;

(c) Issue a writ, order or direction to the respondents to compensate the Petitioner for the demolition taken place at Khasra No. 297/473 Jaganpur Mustakil, Tehsil Sadar, District Agra, Khasra No. 309 Jaganpur Mustakil, Tehsil Sadar, District Agra, Khasra No. 310 Jaganpur Mustakil, Tehsil Sadar, District Agra, Khasra No. 311 Jaganpur Mustakil, Tehsil Sadar, District Agra, and Khasra No. 273, Khaspur Mustakil, Tehsil Sadar, District Agra and for the Police action taken against the Karsewaks on 24.09.2023 by the Respondents;

(d) Issue a writ, order or direction for judicial enquiry against the Respondents for the action of demolition taken upon the properties of Petitioner on 23.09.2023 and 24.09.2023 and punish them for the illegal act.

(e) Issue any other suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(f) Award costs to the petitioner.

(g) Pass any such other order/s as may be deemed fit and proper.

2. During the pendency of the aforesaid writ petition, an amendment application was filed by the petitioner on 27.09.2023 seeking addition of para no. 64A to 65H after para no. 64 in the writ petition and also for adding relief No. H, I & J after the relief No. ‘G’ and certain other amendments.

3. The amendment application filed by the petitioner was allowed by this Court vide order dated 27.09.2023 and, thereafter, the amendments were incorporated in the writ petition. Newly added relief i.e. relief No. H, I & J are quoted as under:

    (h) issue an appropriate writ, order or direction calling for the record and quashing the impugned notices dated 14.09.2023 passed in pursuance of Khasra No. 105, 252 and 256 of Village Khaspur, Tehsil Sadar District Agra and Khasra No. 297M of Jaganpur Mustakil, Tehsil Sadar, District Agra respectively.

(i) Issue an appropriate writ, order or direction calling for record and quashing the impugned orders dated 22.09.2023 passed in Case No. 3627/2023 (CIN No. T202301010103627) (Local Administration v Radhasoami Satsang Sabha) and Case No. 3629/2023 (CIN No. T202301010103629) (Local Administration v Radhasoami Satsang Sabha).

(j) Issue an appropriate writ, order or direction to the Respondent to ensure medical treatment and issuance of injury report/Medico legal certificate to the Karsewaks of the Petitioner, who sustained injuries in the Police Action of 24.09.2023.

4. Brief facts of the case as alleged in the writ petition are that the petitioner Radha Swami Satsang Sabha, Dayal Bagh, Agra is a religious and charitable society duly registered with its head-quarter at Dayal Bagh, Agra. The petitioner claims to be the owner in possession of land measuring 1500 acres in village Sikandrapur, Khaspur, Jaganpur and Ghatwasan, Tehsil and District Agra, out of which 1200 acres is agricultural land. In order to provide water to their agricultural field, for irrigation purpose, an agreement was entered into between the petitioner and the Government of United Provinces on 14.09.1935, giving liberty to the petitioner to pump water from river Yamuna subject to certain terms and cond

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