NANJUNDAPPA Vs. M GOVINDAPPA

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court seeking to lay a challenge to the Deputy Commissioner's order dtd. 5/7/2016 (Annexure-G) whereby his Revision in R.P.No. 38/2012-13 having been negatived under Sec. 136(3), the Assistant Commissioner's order dtd. 2/4/2012 in private Respondent's R.A.No.99/2011-12 made under Sec. 136(2) of the Karnataka Land Revenue Act, 1964, came to be affirmed.

(2.) Learned counsel for the Petitioner argues that the Revision Petition was posted for hearing on 18/7/2016 and unilaterally the date of hearing was brought forward to 13/6/2016 and then to 20/6/2016 sans notice to his client and therefore, on that sole ground itself the order needs to be voided and matter requires to be remanded for consideration afresh. He also argues certain other aspects that relate to the suit proceedings which ultimately landed in appeal.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter inasmuch as, an opportunity of hearing is always favoured consistent with the principles of natural justice, the filing of Written Arguments notwithstanding. If everything could be stated through Written Arguments, there would be very little justification for the Bar to exist. Therefore, the impugned order having been made in gross violation of principles of natural justice needs to be voided as rightly argued by learned counsel for the petitioner. It hardly needs to be stated that the principles of natural justice is the life blood of constitutional jurisprudence enshrined under Article 14 as has been held in a catena of decisions by the Apex Court.