The single-judge bench of the Andhra Pradesh High Court held that notice is the first limb of the principles of natural justice. It must be precise and unambiguous. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice.
Brief facts
The factual matrix of the case is that the case of the Petitioners is that the Petitioners are the farmers and vegetable vendors and they formed a society with the name of Dr.Kolli Sarada Whole Sale Kuragayala Market Vendors Society. The petitioners society is paying approximately an amount of Rs.1,20,00,000/- to Rs.1,50,00,000/- to the respondent corporation as a lease without fail. After the expiry of the lease period, they approached the corporation for a further extension of the lease period. However, the corporation without considering, issued show cause notices in which it stated that the lease couldn’t be renewed because the petitioners had completed more than 25 years and they had to conduct a public auction as per the Government orders and directed the petitioners to vacate the shops. Aggrieved by this, the present writ petition is filed in order to declare the actions of the Respondent in trying to dispossess the petitioners from their respective shops as illegal and arbitrary.
Contentions of the Petitioner
The Petitioner contended that the respondent without following the due process issued the show cause notices to the Petitioners.
Observations of the court
The Hon’ble Court observed that the audi alteram partem rule is often regarded as the fundamental principle of natural justice. That no one ought to be condemned without first being heard. The first limb of the natural justice principles is notice. It needs to be unambiguous and precise. The party should be informed definitively about the case he needs to attend. Enough time should be allotted for the purpose so that he can state his case.
It was furthermore observed that it is essential that a party should be put on notice of the case before any adverse order is passed against him.
The court noted that the show cause notice/impugned notice was issued without inviting any explanation.
Based on these considerations, the court set aside the impugned notice.
The decision of the court
With the above direction, the court disposed of the writ petition.
Case title: Baggi Prasada Rao and Others V. The State Of Ap and Others
Coram: Hon’ble Mr Justice Sumathi Jagadam
Case No.: WRIT PETITION NO: 12244/2024
Read Judgement @Latestlaws.com
Picture Source :
