AMIN OWNERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with following prayers:-

(2.) The only contention raised by learned Advocate for the petitioners is that while passing the impugned order, the petitioners were not given opportunity of hearing and therefore, though several reliefs are prayed for, the petitioners will be satisfied if the matter is remanded to the Secretary (Appeals) for afresh hearing on merits.

(3.) Learned Advocate for the respondents, opposing the petition, submitted that affidavit filed by the respondents would clearly indicate the procedure adopted. Not only that, affidavit filed by the Mamlatdar of SSRD at page No.151 will also indicate that due procedure has been initiated and no case can be made out by the petitioners regarding non-compliance of principles of natural justice or not affording opportunity of hearing to the petitioners before passing the impugned order.