Quashed

Sunderlal Mangilal Jajoriya v. Rekhaben Kundanlal Jajoriya

Gujarat HC9 Jan 2019SCA/9483/2016

Case brief

AI extract

What is this about?

The High Court of Gujarat set aside an appeal order of the District Collector passed without issuing notice to the petitioner, violating principles of natural justice, and remitted the matter for fresh disposal.

What did the court decide?

Quashing of the order dated 9.5.2016 passed by the respondent no.4-District Collector and remitting the matter for a fresh disposal within three months. Direct service is permitted.

Sunderlal Mangilal Jajoriya Vs Rekhaben… — Pension and Retirement Benefits | Gujarat HC (2019)

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C/SCA/9483/2016 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 9483 of 2016

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SUNDERLAL MANGILAL JAJORIYA

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Versus

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REKHABEN KUNDANLAL JAJORIYA

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==========================================================

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Appearance:

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HCLS COMMITTEE(4998) for the PETITIONER(s) No. 1 MR M D RAHEVAR(6268) for the PETITIONER(s) No. 1 DS AFF.NOT FILED (N)(11) for the RESPONDENT(s) No. 1 MR KM ANTANI, AGP(1) for the RESPONDENT(s) No. 2,3,4 NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 2

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 09/01/2019

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ORAL ORDER

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1.By way of this petition, the petitioner
has challenged the order dated 9.5.2016 passed by
the respondent no.4-District Collector in
HB/Maintenance/Appeal/Case No.67 of 2016, by
which the respondent no.4 has quashed and set
aside the order dated 21.12.2015 passed by the
Chairman, Maintenance Tribunal and Sub-Divisional
Magistrate (East), Ahmedabad.

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2.Heard learned advocate Mr.M.D.Rahevar
for the petitioner and learned Assistant
Government Pleader Mr.Antani for respondent
nos.2,3 and 4. Though served, respondent no.1 is
not present.

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Page 1 of 4

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C/SCA/9483/2016 ORDER

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3.Learned advocate for the petitioner
submitted that the petitioner is aged about 69
years. The respondent no.1 is daughter-in-law of
the petitioner. The petitioner submitted an
application under the provisions of the
Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 before the Chairman,
MaintenanceTribunalandSub-Divisional

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Magistrate, Ahmedabad. It is submitted that the
said authority allowed the application submitted
by the petitioner and thereby directed the
present respondent no.1 to hand over the
possession of the property in question to the
petitioner and the Police Inspector, Bapunagar
police station was directed to do the needful. It
is submitted that against the aforesaid order
dated 21.12.2015 passed by the Chairman,
MaintenanceTribunalandSub-Divisional
Magistrate, Ahmedabad, the respondent no.1
preferred HB/Maintenance/Appeal/Case No.67 of
2016 before respondent no.4. It is submitted that
in the said proceedings, the notice was not
served to the petitioner. In spite of that, the
respondent no.4 has proceeded with the matter and
thereby quashed and set aside the order dated
21.12.2015 passed by the Chairman, Maintenance
TribunalandSub-DivisionalMagistrate,
Ahmedabad. It is submitted that only on the

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Page 2 of 4

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C/SCA/9483/2016 ORDER

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aforesaid ground, the impugned order passed by
the respondent no.4 be quashed and set aside and
the matter be remitted back to the respondent
no.4 for deciding the matter afresh.

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4.On the other hand, learned Assistant
Government Pleader, after perusing the impugned
order, submitted that the respondent no.4 has
recorded that the notice was not served to the
present petitioner. He, therefore, submitted that
this Court may pass appropriate order.

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5.Having heard learned advocates appearing
for the concerned parties and having gone through
the material produced on record, it is revealed
that the respondent no.4 has specifically stated
in the impugned order that the notice issued to
the present petitioner-the opponent of the said
proceedings was not served to him and when it was
inquired through Talati, Rakhial, it was revealed
that at the given address, the tenant is residing
and the petitioner has vacated the said premises
since last one year. Thus, it is not in dispute
that the respondent no.4 has passed an order
without giving opportunity of hearing to the
petitioner and therefore the impugned order is
required to be quashed and set aside only on the
aforesaid ground.

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Page 3 of 4

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C/SCA/9483/2016 ORDER

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6.In view of the aforesaid discussion, the
impugned order dated 9.5.2016 passed by the
respondentno.4-DistrictCollectorin

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HB/Maintenance/Appeal/Case No.67 of 2016 is
hereby quashed and set aside. The matter is
remitted back to the respondent no.4 for deciding
the matter afresh. Respondent no.4 shall decide
the appeal filed by the present respondent no.1
within a period of three months from the date of
receipt of this order in accordance with law. It
is clarified that this Court has not examined the
merits of the case and the impugned order is set
aside only on the ground of violation of
principles of natural justice. The petition is
accordingly allowed to the aforesaid extent.
Direct service is permitted.

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(VIPUL M. PANCHOLI, J)

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SRILATHA

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Page 4 of 4

Sunderlal Mangilal Jajoriya v. Rekhaben Kundanlal Jajoriya

Case brief

What is this about?

What did the court decide?

Sunderlal Mangilal Jajoriya v. Rekhaben Kundanlal Jajoriya

Case brief

What is this about?

What did the court decide?

What the court decided

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