THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17535 OF 2004 DATED 3rd JULY, 2014 Between:
Yellanki Krishnaiah … Petitioner And The Special Deputy Collector, (Tribal Welfare), Paloncha, Khammam District, and others.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17535 OF 2004 O R D E R The petitioner laid a challenge to the order dated 16.08.1995 passed by the Special Deputy Collector (Tribal Welfare), Paloncha, on the ground that he was not issued any notice or afforded any opportunity of hearing prior to the passing thereof.
This Court, by interim order dated 30.09.2004, directed status quo existing as on that day with regard to the possession to be maintained.
Despite the passage of ten years, no counter has been filed rebutting the petitioner’s averments. It can therefore be safely assumed that the petitioner’s allegation as to the violation of the principles of natural justice has been duly substantiated. Further, perusal of the impugned order also does not reflect that the petitioner was put on notice or given an opportunity to participate in the proceedings prior to the passing of the order. As the import of the said order has grave civil adverse consequences, the petitioner necessarily ought to have been given an opportunity of hearing before the authority passed the said order. The impugned order is accordingly set aside on this short ground. The writ petition is accordingly allowed. This shall however not preclude the authorities from initiating action afresh in accordance with law duly putting the petitioner on notice and giving him an opportunity of hearing. No order as to costs.
------------------------------------- SANJAY KUMAR, J 3rd JULY, 2014
PGS