Administrative orders affecting civil rights must comply with principles of natural justice, including the right to be heard.

JUDGMENT :

JASPREET SINGH, J.

1. Both the instant petitions relate to Khasra Plot No. 315-M located in village Ardaunamau, Tehsil Sarojni Nagar, District Lucknow. Writ (C) No. 11718 of 2023 has been filed by Antilia Organics Pvt. Ltd. alongwith Syed Hasan Ali as petitioner wherein they have assailed the impugned order dated 23.22.2023 passed by the Additional District Magistrate, Finance and Revenue, Lucknow. In the said petition Miss Anita Singh wife of Dr. Kashmir Singh and Dr. Kashmir Singh, himself, has been impleaded as private respondents no. 7 and 8 respectively.

2. Dr. Kashmir Singh and Miss Anita Singh have also filed Writ (C) No. 10419 of 2023 which also relates to Khasra Plot No. 315-M, Ardaunamau and they too challenged the order dated 23.11.2023 passed by the Additional District Magistrate, Finance and Revenue Lucknow. In the said petition Syed Hasan Ali has been impleaded as respondent no. 7. Since the petitioners of both the petitions assail the common order dated 23.11.2023 passed by Additional District Magistrate, Finance and Revenue, Lucknow relating to Khasra Plot No. 315-M, Ardaunamau, hence both the petitions were clubbed together on 03.01.2024. This Court on 03.01.2024 had passed the following order which reads as under:

“1. Heard Shri Rishabh Kapoor, learned counsel for the petitioners.

2. Notice on behalf of respondents no. 1, 2, 5 and 6 has been accepted by the office of the Chief Standing Counsel. Shri Ratnesh Chandra, Advocate has accepted notice on behalf of respondents no. 3 and 4. Shri Sudeep Seth, Senior Advocate assisted by Shri Asim Goswami, learned counsel, who has accepted notice on behalf of private respondents no. 7 and 8.

3. At the outset, it was pointed out by the counsel for the petitioner that against the impugned order, the private respondents no. 7 and 8 had also filed a Writ Petition bearing No. Writ (C) No. 10419 of 2023, wherein the same order is under challenge and is listed before the Court at Serial No. 308. It is in this view of the matter that both the petitions have been taken up together.

4. Shri Rishabh Kapoor, the counsel for the petitioners in Writ (C) No. 11718 of 2023 has assailed the order impugned which has been passed compositely under Sections 30 and 32/38 respectively of U.P.

5. The primary submissions of the learned counsel for the petitioners is that in the instant case, no notice was either issued or served on the petitioner no. 1 and in the aforesaid circumstances the entire proceedings have been set ex-parte. Apart from the fact that the entire proceedings culminated finally on a single date and it is nothing but blatant violation of principle of nature justice.

6. On the other hand, the learned Standing Counsel and Shri Ratnesh Chandra, the counsel for the L.D.A. have raised an objection regarding the availability of adequate and statutory remedy of appeal/revision and in this view of the matter, it is submitted that the petition may not be entertained.

7. However, in Writ (C) No. 10419 of 2023, Shri Sudeep Seth, learned Senior Counsel along with Shri Asim Goswami, Advocate has also challenged the said order and have taken a common ground which has been raised by Shri Rishabh Kapoor regarding violation of principle of nature justice inasmuch as the proceedings have been concluded without affording adequate opportunity of hearing so much so that on a single day, the evidence was recorded and the matter was reserved.

8. Since long standing entries relating to the rights of the parties is concerned, it is urged that the same could not have been decided in summary proceedings and that too without affording an opportunity to put up the defence and as such the petitioners have been deprived of an opportunity.

9. It is also submitted that since the land in question along with contiguous land has been acquired by the State for benefit of the L.D.A. and now the Lucknow Development Authority is attempting to change the nature of land in question.

10. Be that as it may, a specific q