Soni Ganpatlal Punjiram vs Assistant Collector

Jayant Patel, J.—The petitioners in these petitions are challenging the orders passed by the Collector whereby the land is ordered to be surrendered to the administration on the ground that there is no cultivation over the land.

Upon hearing the learned counsel appearing for the petitioners as well as Ms. Pandit, Ld. AGP for respondent authorities, it appears that there is no dispute on the point that the petitioners herein are not given the opportunity of hearing before passing the impugned orders by the Asst. Collector, It is further the case of the petitioners that some of them have purchased the property by registered sale deed and some of them are occupying the land as legal representatives of the original holders of the land. In any event, the fact remains that if the petitioners are occupiers of the land in question, it is obligatory on the part of the authorities to give opportunity of hearing, and since opportunity of hearing is not given to the affected persons, the order can not be maintained in law and would be rendered illegal for non-compliance of the principles of natural justice which is the basic requirement for exercise of powers by the Assistant Collector. Hence, no further discussion is required in the matter.

In view of the above, the impugned orders passed by the Asst. Collector against the petitioners herein qua the land which is in occupation of the petitioners are hereby quashed and set aside with further observations that it would be open to the Asst. Collector to issue formal show cause notice to the concerned petitioner and to give opportunity of hearing and then to pass appropriate orders in accordance with law.

Both the petitions are allowed accordingly. Rule in each petition is made absolute to the aforesaid extent. Considering the facts and circumstances there shall be no order as to costs.