Remanded

Zuber Yakub Alam Son of Yakub Ahmed Ismail Alam v. State of Gujarat

Gujarat HC22 Feb 2021SCA/3605/2021

Case brief

AI extract

What is this about?

The High Court dismissed the petition but set aside the impugned order passed without a hearing, remanding the matter for fresh consideration with an opportunity of hearing to the petitioner under Article 226.

What did the court decide?

Impugned order set aside; matter remanded to Respondent No.3 for fresh consideration after affording opportunity of hearing.

Zuber Yakub Alam Son of Yakub Ahmed Ismail… — Civil Procedure and Limitation | Gujarat HC (2021)

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C/SCA/3605/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 3605 of 2021

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ZUBER YAKUB ALAM SON OF YAKUB AHMED ISMAIL ALAM

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Versus

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STATE OF GUJARAT & 6 other(s)

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

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MR DIPAK H SINDHI(5710) for the Petitioner(s) No. 1 MS JYOTI BHATT, AGP for the Respondent-State

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

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CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

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Date : 22/02/2021 ORAL ORDER

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Heard Mr.Dipak Sindhi, learned advocate for the petitioner and Ms.Jyoti Bhatt, 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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Ms.Jyoti Bhatt, 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/3605/2021 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 Son of Yakub Ahmed Ismail Alam v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Zuber Yakub Alam Son of 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

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