M D GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by Mr. A. G. Uraizee, learned A.G.P. for respondent-State. Upon very short but interesting question which has come in the surface of the petition under Arts. 226 and 227 of the Constitution of India is as to whether there is violation of principle of natural justice in a situation like one on hand, where hearing is done by one officer and the decision is rendered by another officer thereto.

(2.) In order to appreciate the merits of the aforesaid aspect, it would be necessary to set out a few relevant necessary facts giving rise to this petition. The husband of the petitioner during his life time had submitted an application for exemption under Sec. 20 of the Urban Land (Ceiling and Regulation) Act, 1954 (for short `Act') to the respondent-authority on 11-8-1976. Other documents were also filed in support of the said application. During pendency of the proceedings, the husband of the petitioner died on 29-1-1986. The respondent-State rejected the said application on 27-3-1990 which culminated into the filing of Special Civil Application No. 5632 of 1990 by the petitioner in this Court which came to be disposed of with the direction to the respondent-State to hear the petitioner personally and thereafter to decide the application for exemption in accordance with law. The direction was given by this Court on the aforesaid writ petition on 11-10-1990.

(3.) Thereafter, the petitioner was heard by the Deputy Secretary, one Mr. H. V. Patel but he could not decide and pass the order on the exemption application. The said application subsequently came to be rejected on 15-9-1995 by another Deputy Secretary, one Shri V. D. Kotak, without hearing the petitioner.