DHANIBEN Vs. STATE OF GUJARAT & 3 ORS

JUDGEMENT

(1.) The petitioner, by way of present petition, has challenged the order dated 31.12.2011, and the order dated 05.05.2012 passed by the respondent No.3 - Deputy Collector, and the communication dated 16.09.2013 issued by the respondent No. 4 Mamlatdar.

(2.) The main contention raised by the learned counsel for the petitioner is that the orders passed by the respondent No.3 as well as the decision taken in the communication issued by the respondent No. 4 Mamlatdar were without giving opportunity of hearing to the petitioner herein. He also submitted that after passing of the order dated 31.12.2011, the petitioner had specifically submitted an application for giving him opportunity of hearing, which is also reflected in the order dated 05.05.2012, however, the respondent No.3 again passed the order, without following the principles of natural justice. Learned AGP Ms. Bhatt for the respondent authorities is not in a position to dispute the said position.

(3.) In view of the above stated submissions, it appears that both the impugned orders passed by the respondent No. 3 - Deputy Collector, being in violation of principles of natural justice, the same deserves to be quashed and set aside on the said ground alone, without examining the merits of the case.