In a writ petition, the High Court quashed an impugned order directing the petitioner to stop sand excavation and submit accounts. The court held the order violated natural justice due to lack of a show-cause notice.
The impugned order dated 15.9.2004 passed by respondent no.1 was quashed and set aside.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
WRIT PETITION NO.8070 OF 2004
Shri Sunil Ramchandra Nalavade, .. Petitioner.
Vs
1. The Tahsildar Phaltan,
District: Satara
and ors. .. Respondents
Mr S.M.Sabrad, for the petitioner.
Mr A.H.Palekar, AGP for the respondents.
CORAM : D.B.BHOSALE,J.
DATE : 14th October, 2004.
PC:
1. Heard the learned counsel for the parties.
2. The petitioner has impugned the order dated
15.9.2004 passed by respondent no.1, calling upon the
petitioner to forthwith stop excavation of sand and
submit the books of accounts to its office. Mr.Sabrad,
learned counsel for the petitioner, submits that this
order was passed without following due process of law
and is against the principles of natural justice
inasmuch as no opportunity of being heard was granted to
the petitioner. According to Mr Sabrad, the impugned
order was passed without issuing a show cause notice to
the petitioner. Mr Palekar, learned AGP, has not
controverted the submissions made by Mr Sabrad. Keeping
that in view and considering the overall facts and
circumstances of the case, in my opinion, the following
order will meet the ends of justice:
(i) The order, impugned in the instant petition, passed
by respondent no.1 on 15.9.2004, is quashed and set
aside. Respondent no.1 to pass fresh order on merits in
accordance with law after giving an opportunity of being
heard to the petitioner, as expeditiously as possible
and preferably within a period of eight weeks from
today.
(ii) The petitioner to appear before respondent no.1 on
25.10.2004 at 11 am with a copy of this order to enable
respondent no.1 to fix the schedule of hearing and pass
appropriate order, as indicated above, within timeframe.
(iii) It is open for the petitioner to move the
Collector, Satara requesting him to decide his
application dated 30.8.2004 (Exhibit-H), pending before
him expeditiously. If such an attempt is made, the
Collector may pass appropriate orders in the application
dated 30.8.2004, as expeditiously as possible and
preferably within a period of six weeks from the date of
receipt of this order.
(iv) The writ petition is disposed of.
. Parties to act on an authenticated copy of this
order which may be made available to them.
(D.B.BHOSALE, J.)
1 issue framed by the court
Whether the impugned order calling upon the petitioner to stop excavation and submit accounts was passed without an opportunity of being heard.
Shri Sunil Ramchandra Nalavade
The Tahsildar Phaltan
D.B. BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court