Disposed

Chaudhari Muljibhai Bhikhabhai v. State of Gujarat

Gujarat HC18 Dec 2020SCA/12721/2020

Case brief

AI extract

What is this about?

This Special Civil Application challenged an order dismissing a license appeal due to delay, which was passed without hearing the petitioner. The court quashed the impugned order for violating principles of natural justice, directing the appellate authority to grant an opportunity of hearing to the petitioner regarding the condonation of delay before deciding on merit. The court did not decide on

What did the court decide?

The impugned order dated 27.5.2019 was quashed and set aside; directions were issued to the appellate authority to grant an opportunity of hearing to the petitioner to explain the delay.

Chaudhari Muljibhai Bhikhabhai Vs State of Gujarat — Writ and Judicial Review | Gujarat HC (2020)

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C/SCA/12721/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 12721 of 2020

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========================================================== CHAUDHARI MULJIBHAI BHIKHABHAI Versus STATE OF GUJARAT

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Appearance:

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MALAV M MULANI(8844) for the Petitioner(s) No. 1 MS MEGHA CHITALIYA, AGP for the Respondent(s) No. 1 NOTICE SERVED(4) for the Respondent(s) No. 2

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

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI Date : 18/12/2020

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ORAL ORDER

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The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:

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“A. Your Lordships may be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction quashing and setting aside the order dated 27.5.2019 passed by the Joint Secretary, Gandhinagar in Arms Appeal No.HVD/3419/4-C/M (Annexure-A) as well as the impugned order dated 19.10.2018 passed by the District Magistrate, Patan (Annexure-B), in the interest of justice.

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B. Pending admission and final hearing of this petition, Your Lordships may be pleased to stay the operation, implementation and execution of the order dated 27.5.2019 passed by the Joint Secretary, Gandhinagar in Arms Appeal No.HVD/3419/4-C/M (Annexure-A) as well as the impugned order dated 19.10.2018 passed by the District Magistrate, Patan (Annexure-B), in the interest of justice.

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Page 1 of 4

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C/SCA/12721/2020 ORDER

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C. Your Lordships may be pleased to grant such other and further reliefs as the Hon’ble Court may deem fit in the facts and circumstances of the case.”

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During the course of submission, the only grievance which has been made by Mr.Malav Mulani, learned advocate, is that the order dated 27.5.2019 reflecting on page-12 is passed without hearing and without granting any chance of explaining the delay and straightway, the appeal is disposed of. Had the opportunity been given, the petitioner could have explained as to why such delay of few days only has occurred.

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Ms.Megha Chitaliya, learned AGP, who has filed affidavit-in-reply, has made an attempt to justify that the case cannot be considered in view of the fact that his licence is already expired and the appeal has been submitted after the period of limitation and as such, the authority has taken a just decision. However, the learned Assistant Government Pleader has candidly submitted that while passing the impugned order, no opportunity of hearing was given and has left it to the discretion of the Court.

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Having heard the learned advocates appearing for the respective parties and having gone through the material on record, one undisputed fact which is reflecting from the record is that the order dated 27.5.2019 disposing of appeal only on the ground that the same having not been submitted within a period of limitation, the authority has not extended an opportunity of hearing to the petitioner and as such, the same is violative of principles of natural justice. In these circumstances, without examining anything on merit, this Court is of the opinion that the petition deserves to be dismissed on following lines which would meet ends of justice :

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Page 2 of 4

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C/SCA/12721/2020 ORDER

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(1) The impugned order dated 27.5.2019 reflecting on page-12 is hereby quashed and set aside as being violative of principles of natural justice. As a consequent thereof, the appellate authority shall grant of opportunity of hearing to the petitioner on the issue of delay after granting such opportunity whether the delay deserves to be condoned or not, to be decided by the authority.

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(2) As and when such approach is made by the petitioner along with necessary explanation, it is expected that the same may be considered in accordance with law and if the delay is deserved to be condoned, then the appeal may be set down for hearing on merit.

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Additionally, this Court is also of the opinion that principles of natural justice are applicable to whole range of exercise of jurisdiction whether it is administrative, quasi-judicial or judicial. Keeping this principle in mind, when the opportunity of hearing is not given and only on account of delay, the appeal is disposed of, the authority is expected to comply with principles of natural justice and that is the reason why the aforesaid directions are issued.

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With these observations, the present petition stands disposed of.

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It is made clear that this Court has not expressed any opinion with regard to the explanation of delay which is tried to be posed before this Court, since independently it will have to be examined by the appellate authority.

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Direct service, through electronic mode, is permitted.

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(ASHUTOSH J. SHASTRI, J)

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Page 3 of 4

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C/SCA/12721/2020 ORDER

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NAIR SMITA V.

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Chaudhari Muljibhai Bhikhabhai v. State of Gujarat

Case brief

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Chaudhari Muljibhai Bhikhabhai v. State of Gujarat

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