DALIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the order of the learned Single Judge dated 10/12/1991, whereby the writ petition filed by the appellant was dismissed with the observation that the petitioner has an alternative remedy and shall approach the S. D. O. to put up his grievance and the S. D. O. will pass appropriate orders after hearing him.

(2.) NORMALLY, such type of orders can hardly be interferred with in special appeal but having given our considerable thought to the matter and on the peculiar facts and circumstances of this case particularly the reading of the impugned order Annex. 16 has shaken our judicial conscience as to how the responsible officers of the State while discharging their functions as quasi judicial authorities through the executive fiat play havoc with the rights of a citizen vis-a-vis his property in flagrant abuse of the process of law, justice and procedure. So long as the authority does not go against the provisions of the Constitution or any rule or law the powers the authorities exercised are wide in amplitude and dimension. They, however, cannot be permitted to interfere with the rights of the citizens unless it can be pointed out that the authority has acted under some specific rule of law which authorises such an act. This is the essence of the rule of law as enshrined in our Constitution and on which the entire fabric of the democratic set up exists.

(3.) AFTER recording the aforesaid statement, the respondent No. 2 immediately there and then without looking into any other document proceeded to pass the impunged order. Certified copy of which is Annex. 16 and without caring to call the appellant to show cause why such an order be not passed. The order is reproduced hereunder : ...[VERNACULAR TEXT OMMITED]...