1. Petitioner challenges Exts.P12, P15 and P19 orders. Ext.P12 is an order passed by the Additional Tahsildar, cancelling the mutation in the name of the petitioner in respect of the property, which, according to him, he is having absolute title and possession. The said proceedings came to be issued on the basis of a complaint by the 5th respondent herein. According to the petitioner, proper opportunity was not given to produce materials before the third respondent. Though an appeal was filed, the same came to be rejected on the ground that appeal is not maintainable. Petitioner preferred a revision before the District Collector who confirmed the view expressed by the third respondent in Ext.P12 order.
W.P.(C)No.691 of 2014 -:2:-
2. Perusal of Ext.P19 would indicate that the first respondent was only accept the findings made by the third respondent. There is no independent consideration of the matter in issue.
3. As far as the third respondent is concerned, though the petitioner had requested time to produce necessary records, no such opportunity was granted. Notice of hearing was served on the petitioner on 28.6.2012 and the order was passed on the next day itself. If the petitioner had requested for time to produce documents to substantiate his claim, it was proper on the part of the third respondent to have granted sufficient time. Without doing so, an order was passed on the next day itself, Such an action on the part of the third respondent really amounts to violation of the principles of natural justice. This aspect of the matter, has not been considered by the first respondent as well.
4. Under these circumstances, the orders impugned, Exts.P12, P15 W.P.(C)No.691 of 2014 -:3:-
andP19, are set aside and the matter is remitted back to the third respondent for re-consideration, in accordance with law, after affording the petitioner and other affected parties sufficient oppotunity to produce documents. The entire exercise shall be done, within a period of two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
A.M.Shaffique, Judge.
sl.