JANTA GRAM CHHAPARA Vs. TH GUMAN SINGH

JUDGEMENT

(1.) THIS is an appeal against the order of the Jagir Commissioner, Rajasthan Jaipur, dated 1. 7. 58 declaring certain land situated in village Chapara, Tehsil Ladnu as personal property of the Jagirdar, respondent.

(2.) WE have heard the learned counsel for the parties and examined the record. The learned counsel for the appellants has challenged the order of the learned Jagir Commissioner inter alia on the ground that the same has been passed without having been given any hearing to them. The learned counsel for the Jagirdar respondent has tried to meet this argument on the ground that his case had originally been enquired into under the orders of the Jagir Commissioner by sub divisional Officer, Didwana and again heard by the Additional Jagir Commissioner, I who had both given full opportunity of being heard to the appellants and that the learned Jagir Commissioner had only, so to say, confirmed the order of the learned Additional Jagir Commissioner and given an opportunity to the Government Advocate of raising objection, if any, and had not passed any new order and so it can be deemed that the appellants had been given a full opportunity of being heard and the order under appeal had been passed after giving full opportunity to them. There is, however, no substance in this contention of the learned counsel for the respondent. The appeal before us is that against the order of the learned Jagir Commissioner and not of the Additional Jagir Commis-sionar. The final order in this case would therefore be deemed to have been passed by the Jagir Commissioner and not by the Additional Jagir Commissioner, even though it might be assumed for the sake of argument that the learned Additional Jagir Commissioner had jurisdiction under law to pass such an order. It is a well recognised and most elementary principle of natural justice that a party must be given a hearing before any orders are passed against him. The learned Jagir Commissioner has failed in this case to observe this elementary principle of natural justice.