Disbanded writ appeal challenging an order passed by competent authority under MWPSCA 2007 without hearing appellants. Court found procedural impropriety but refused relief as the property had been sold.
None granted. Appeal disposed of due to subsequent sale of property.
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[2024:RJ-JD:32957-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 108/2022
----Appellants
Versus
----Respondents
| For Appellant(s) | : Mr. Salman Agha |
|---|---|
| For Respondent(s) | : Mr. DilipSingh Baghela |
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
07/08/2024
[2024:RJ-JD:32957-DB]
[SAW-108/2022]
(2 of 3)
Parents And Senior Citizens Act, 2007, notice was not served on Kavita Kanwar and Babita Kanwar and it was served only on Vishan Singh Rathore and Durga Singh Rathore. The case was directed to be listed on 13.06.2018 but all of sudden, the competent authority preponed the proceedings and passed order on 04.06.2018 without providing an opportunity of hearing to Kavita Kanwar, Babita Kanwar and Vishan Singh Rathore.
[SAW-108/2022]
[2024:RJ-JD:32957-DB]
(3 of 3)
granted in the writ proceedings. Therefore, in exercise of discretion, we are not inclined to grant any relief to the appellants, though we are of the view that order passed by the competent authority on 04.06.2018 was void in nature.
(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),CJ
59-pooja/-
2 issues framed by the court
Whether an order passed without hearing the appellants violates principles of natural justice.
Whether relief can be granted when the subject property has been sold.
2 provisions across 2 enactments
Kavita Kanwar
Babita Kanwar
Vishan Singh Rathore
Ganpat Singh Rathore
Umrao Kanwar
Durga Singh Rathore
Manindra Mohan Shrivastava
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
