ASHOK M.B. Vs. COMMISSIONER

JUDGEMENT

(1.) The surveyor license of the petitioner having been rescinded vide order dtd. 25/1/2023, this Writ Petition is filed. Learned counsel for the petitioner submits that the authority who could pass impugned order of the kind is the Commissioner of Survey Settlement & Land Records, and not any officer below that rank. In support of this contention, learned counsel for the petitioner banks upon Coordinate Bench decision of this Court in SMT.CHITRAKALA vs. STATE OF KARNATAKA & OTHERS in W.P.No.14459/2019, disposed off on 28/7/2021. He also argues that, the authority who passed the impugned order is different from the one who had issued notice and considered petitioner's representation and this is hit by what is said in GULLAPALLI NAGESWARA vs. APSRTC, AIR 1959 SC 308.

(2.) Learned AGA appearing for the respondents opposes the petition contending that it is the Commissioner himself who has passed the order and therefore, the argument of lack of competence does not arise. However, in respect of second contention of the petitioner that one who had issued show cause notice and had considered the reply of the petitioner thereto, he submits that no grievance can be made out in the absence of demonstrable prejudice.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant a limited indulgence in the matter inasmuch as the authority who passed the impugned order is different from the one who had considered reply of the petitioner to the show cause notice, the said notice itself having been issued by the other authority. This view gain support from GULLAPALLI, supra.