Heard learned counsel for petitioner and the learned standing counsel.
Petitioners have approached this Court against the order dated 16.1.2021 passed by the O.P. No.4, District Basic Education Officer, Sultanpur whereby, the recognition of petitioner Institution, has been cancelled on the ground that same is raised on the land of Gaon Sabha.
Learned counsel for petitioners states that the Institution was raised in the year 1966 and since then, it is recognised. The construction was raised on the request and proposal of the Gaon Sabha which was duly approved in a meeting of the Gaon Sabha and without referring to the same, the impugned order is passed without giving opportunity of hearing to the petitioner and without looking into the fact that the petitioners have submitted evidence and reply on 5.12.2019. Learned counsel for petitioners further states that after appearance of petitioners further documents were collected by the O.P. No.4 from the revenue authorities and without giving a copy of the said documents to the petitioners, the impugned order is passed. Further submission of learned counsel for petitioners is that in the entire order, the evidence and submissions of the petitioners are nowhere noted. He also draws attention of this Court to the order dated 24.7.2019 in Writ Petition No.11320 (M/S) of 2017 in which this Court directed the authority concerned to give opportunity of hearing to the petitioners before passing any order adverse to them.
Learned counsel for Basic Shiksha Adhikari, learned standing counsel and learned counsel for Gaon Sabha could not dispute that the impugned order is passed without giving the report of the revenue authorities to the petitioners and also it nowhere considers the reply and evidence submitted by the petitioners.
From the above facts and circumstances of the case, it is clear that the order dated 16.1.2021 passed by O.P. No.4, is passed without giving a proper opportunity of hearing to the petitioners and the same is in violation of principles of natural justice. In view thereof, the said order dated 16.1.2021 is set aside. The matter is remanded to the O.P. No.4 to pass a fresh order after providing copy of the revenue document and further opportunity of hearing to petitioners and making submissions in person. Such an exercise be completed within three months if possible from the date a certified copy of this order is produced before him.
With the aforesaid, the writ petition is disposed of.
Order Date :- 24.8.2021 Rajneesh JR-PS) (Vivek Chaudhary, J.)