MOHD SULEMAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) It is clear from a perusal of Annexure P.1 impugned order, passed by the Assistant Collector, Ist Grade, Nuh, ordering ejectment of the petitioner from the land in dispute and imposing a penalty, that notices had not been served on the petitioner. They had also not been affixed on some conspicuous place outside the Panchayat Ghar or any other building used as office by the Panchayat or at some conspicuous places of the estate in which the land in dispute was situated. Notices by registered post were also not sent to the petitioner. The case was fixed for hearing on 25.5.1988. On that very day, ex-parte proceedings were taken and the impugned order was passed. From the impugned order, it is not clear as to on what basis the learned Assistant Collector, Ist Garde, Nuh, came to the conclusion that the petitioner was in unauthorised occupation of the land. There is no reference to any evidence or any document.

(2.) It is contended by Shri N.K. Kapoor, learned counsel for Gram Panchayat that the petitioner was given ample opportunity to adduce evidence in support of his contention. We are not impressed with his submission. In the Appellate Court no party is allowed to lead any evidence as a matter of right. Again, an appeal is not a substitute for hearing before a Tribunal of original jurisdiction.

(3.) In view of above, orders of the learned Assistant Collector cannot be sustained as they have been passed in violation of principles of natural justice without affording an adequate opportunity to the petitioner for defending the case against him. We allow the writ petition and quash the orders, Annexures P.1 and P.2 and remand the case back to the learned Assistant Collector, Ist Grade, Nuh, to decide it afresh after hearing both the parties and providing them with an opportunity of adducing evidence and putting across their view-points. The parties through their respective learned counsel are directed to appear before the Assistant Collector, Ist Grade, Nuh, on April 24, 1989.