The principles of natural justice, which require that a person be given an opportunity of hearing before a decision is made, must be followed in administrative proceedings.

Headnote:
Jurisdiction - Land Dispute - Sections 8, 9, 10 of the Madhya Pradesh Land Revenue Code, 1959 - The court quashed the orders passed by the Tehsildar, Sub Divisional Officer, and Additional Commissioner, and remanded the matter back to the Tehsildar to afford an opportunity of hearing to all concerned parties and pass fresh orders within 30 days, as the petitioner was not given a hearing before the orders were passed.
Fact of the Case:

The petitioner challenged the orders passed by the Tehsildar, Sub Divisional Officer, and Additional Commissioner in a land dispute case. The Tehsildar had initially refused to entertain the application filed on behalf of the private respondent, citing lack of jurisdiction, but later entertained the same application and passed an order, which was upheld by the higher authorities.
Finding of the Court:

The court found that the petitioner was not given an opportunity of hearing before the orders were passed, and therefore, quashed the orders and remanded the matter back to the Tehsildar to afford an opportunity of hearing to all concerned parties and pass fresh orders within 30 days.
Issues: Whether the orders passed by the Tehsildar, Sub Divisional Officer, and Additional Commissioner in the land dispute case were valid, and whether the petitioner was given an opportunity of hearing before the orders were passed.
Ratio Decidendi: The court held that the principles of natural justice were violated as the petitioner was not given an opportunity of hearing before the orders were passed, and therefore, the orders were quashed.
Final Decision: The court quashed the orders passed by the Tehsildar, Sub Divisional Officer, and Additional Commissioner, and remanded the matter back to the Tehsildar to afford an opportunity of hearing to all concerned parties and pass fresh orders within 30 days.

ORDER

Shri Manoj Kumar Mishra, learned counsel for the petitioner submits that this case is wrongly connected with W.P. No.11649/2021. In view of above, this writ petition be delinked.

Petitioner's contention is that vide order Annexure P-1 passed in the year 2004, Tehsildar Gaurihar, District Chhatarpur has refused to show indulgence, saying that he has no jurisdiction but later on, the same Tehsildar vide order Annexure P-2 entertained the application filed on behalf of the private respondent vide order dated 28.03.2006, which has unfortunately been upheld by the Sub Divisional Officer and the Additional Commissioner, respectively.

It is submitted that the petitioner was not given any opportunity of hearing before passing of the said order Annexure P-2.

In view of above, order dated 28.03.2006 (Annexure P-2) passed by the Tehsildar, Tehsil Gaurihar, District Chhatarpur and all consequential orders i.e. order dated 23.08.2010 (Annexure P-3) passed by Sub Divisional Officer, Laundi/Gaurihar, District Chhatarpur and order dated 05.04.2022 (Annexure P-

4) passed by the Additional Commissioner, Sagar Division, Sagar are hereby quashed. Matter is relegated to the Tehsildar to afford opportunity of hearing to all concerned and pass fresh orders within a period of 30 days from the date of receipt of certified copy of this order.

In above terms, this writ petition is disposed of.

JUDGE pp Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 22-05-2024 19:18:53

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2024 Supreme(Online)(MP) 20245

The principles of natural justice, which require that a person be given an opportunity of hearing before a decision is made, must be followed in administrative proceedings.

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