Remanded

Zuber Yakub Alam S/O Yakub Ahmed Ismail Alam v. State of Gujarat

Gujarat HC20 Feb 2021SCA/3511/2021

Case brief

AI extract

What is this about?

This order sets aside an impugned order dismissing a petitioner's appeal without a hearing as a violation of natural justice, remanding the matter to the Mamlatdar for fresh consideration. The Court clarified it did not examine merits.

What did the court decide?

The impugned order is set aside and the matter is remanded to Respondent No.3 for fresh consideration after affording an opportunity of hearing.

Zuber Yakub Alam S/O Yakub Ahmed Ismail Alam Vs… — Writ and Judicial Review | Gujarat HC (2021)

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C/SCA/3511/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3511 of 2021

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ZUBER YAKUB ALAM S/O YAKUB AHMED ISMAIL ALAM

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Versus

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STATE OF GUJARAT & 9 other(s)

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========================================================== Appearance:

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MR DIPAK H SINDHI(5710) for the Petitioner(s) No. 1 MR KRUTIK PARIKH, AGP for the respondent-State

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CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

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Date : 20/02/2021 ORAL ORDER

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Heard Mr.Dipak Sindhi, learned advocate for the petitioner and Mr.Krutik Parikh, learned AGP for the respondent-State.

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Mr.Sindhi, learned advocate for the petitioner submits that the impugned order is passed by the respondent No.3 without affording any opportunity of hearing to the petitioner. He, therefore, submits that the impugned order may be set aside and the matter may be remanded back to respondent No.3 for fresh consideration after affording opportunity of hearing to the petitioner.

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Mr.Krutik Parikh, learned AGP submits that the order impugned is on merits and is appealable. Hence, the present petition is not maintainable.

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Bare reading of the impugned order passed by the respondent No.3 makes it abundantly clear that the appeal preferred by the petitioner to challenge the order passed by the Mamlatdar, Godhara

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Page 1 of 2

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C/SCA/3511/2021 ORDER

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(Rural) is dismissed at the threshold without affording any opportunity of hearing to the petitioner. Even if it is assumed that the impugned order is on merit then also when it is passed without affording opportunity of hearing to the petitioner, it suffers from the vice of breach of the principles of natural justice. If that be so. As per the catena of decisions of the Supreme Court, this Court can always exercise jurisdiction under Article 226 of the Constitution of India to consider legality or otherwise of such decisions.

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In view of the above, the present petition stands disposed of and the impugned order is set aside and the matter is remanded back to the respondent No.3 for fresh consideration after affording opportunity of hearing to the petitioner and/or his advocate.

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It is clarified that this Court has not examined the merits of the case.

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(A.G.URAIZEE, J)

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ALI

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Zuber Yakub Alam S/O Yakub Ahmed Ismail Alam v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Zuber Yakub Alam S/O Yakub Ahmed Ismail Alam v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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