THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.489 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. P.Bhaskar, learned counsel for the
appellant and Ms. Ayesha Saba, learned counsel for
respondent No.1/writ petitioner. We have also heard
Mr. M.Raja Mukund Das, learned Assistant Government Pleader for Panchayat Raj & Rural Development Department appearing for respondents No.2, 4 and 5; and Mr. Kishore Rao Puskuru, learned Standing Counsel appearing for respondent No.3.
2. This appeal is directed against the order dated 14.10.2022 passed by the learned Single Judge disposing of W.P.No.38437 of 2022 filed by respondent No.1 as the writ petitioner.
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3. Respondent No.1 had filed the related writ petition seeking the following relief:
To issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 herein in not following up with show cause notice dated: 29.08.2022 for demolition of illegal structures on public road in spite of lapse of stipulated time in the notice, as being illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and the provisions of Panchayat Raj Act and further declare the action of respondent No.5 in not taking measures against inaction of respondent No.2 notwithstanding representation dated 03.10.2022 and pass such other order or orders as it may deem fit and proper in the circumstances of the case.
4. It was complained before the learned Single Judge on behalf of respondent No.1 that despite representation being submitted before the authority, no follow up action was taken pursuant to the show cause notice dated 29.08.2022 calling upon the appellant to remove the illegal structure from the subject land. Hence, the writ petition was filed. 3
5. Learned counsel for respondent No.3 submitted before the learned Single Judge that he would take necessary steps pursuant to the show cause notice dated 29.08.2022.
6. In view of the above, learned Single Judge disposed of the writ petition in the following manner:
4. Recording the submission of the learned Standing Counsel, the writ Petition is disposed of directing the official respondents to take further action in accordance with law, pursuant to the notice dated 29.08.2022 within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. Learned counsel for the appellant submits that though appellant was arrayed as respondent No.6, no notice was issued to the appellant and appellant was not heard before issuing the impugned direction. He submits that though the impugned direction appears to be an innocuous one, the consequence of such direction can be seriously adverse to the appellant. Therefore, appellant ought to have been put on notice and heard. 4
8. Learned counsel for the respondents fairly agree to the submissions made by learned counsel for the appellant.
9. In view of the above, we set aside the order dated 14.10.2022 passed in W.P.No.38437 of 2022 and remand the matter back to the file of learned Single Judge having roster to rehear W.P.No.38437 of 2022 by giving an opportunity of hearing to all the parties.
10. This disposes of the writ appeal.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 27.04.2023 vs