Impugned order quashed for violating natural justice; remanded for fresh hearing and speaking order on patta grant.

ORDER

This Writ Petition has been filed, challenging the impugned order dated

02.07.2025 passed by the third respondent, rejecting the petitioner’s application, seeking for grant of patta in his name for the property morefully described in the prayer to this writ petition on the ground that objections were raised by the private respondents namely the respondents 4 to 13 in this writ petition.

2. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that it is a non-

speaking order.

3. As seen from the impugned order dated 02.07.2025, no enquiry was conducted by the third respondent, rejecting the petitioner’s application seeking for issuance of patta in his name. The contentions of the petitioner as raised in this writ petition have also not been considered by the third respondent in the impugned order. No opportunity of hearing was also granted to the petitioner by the third respondent prior to the passing of the impugned order.

4. Since no adverse orders are passed against the respondents 4 to 13, notice to the respondents 4 to 13 is dispensed with by this Court.

5. For the foregoing reasons, this Court is of the considered view that the impugned order is a non-speaking order with regard to the contentions of the petitioner, and is an order passed in violation of the principles of natural justice.

6. In view of the same, necessarily, the impugned order dated 02.07.2025 passed by the third respondent has to be quashed, and the matter has to be remanded back to the third respondent for fresh consideration on merits and in accordance with law.

7. Accordingly, the impugned order dated 02.07.2025 passed by the third respondent is hereby quashed, and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the third respondent, along with supporting documents, as to why there is no legal impediment for the third respondent for issuance of patta in favour of the petitioner for the property morefully described in the prayer to this writ petition within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said written explanation from the petitioner within the stipulated time, the third respondent after hearing the objections of the petitioner as well as to respondents 4 to 13 and any other third party, whom the third respondent deems it fit to enquire, shall pass a final order on merits and in accordance with law on the petitioner’s representation, seeking for grant of patta in his name after giving due consideration to the contentions of the petitioner as raised in the written explanation as well as after giving due consideration to the supporting documents produced by the petitioner within a period of four weeks thereafter.

8. In case, the third respondent decides to reject the petitioner’s application, seeking for grant of patta, the third respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

9. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, connected writ miscellaneous petition is closed.