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Madhya Pradesh High Court · body

2015 DIGILAW 259 (MP)

Laluram v. State of M. P.

2015-03-02

SHANTANU KEMKAR

body2015
ORDER 1. By filing this petition under Article 227 of the Constitution of India the petitioner has challenged the order dated 3.9.2005 passed by the Board of Revenue Madhya Pradesh, Gwalior in Revision No.96-PBR/87. 2. The main contention of learned counsel for the petitioner is that the Board of Revenue before passing the impugned adverse order against the petitioner did not issue notice and had not given opportunity of hearing to the petitioner and as such the order passed by the Board of Revenue is violative of principles of natural justice. 3. Having considered the submissions made by learned counsel for the parties and having gone through the impugned order, I find that before passing the impugned order, setting aside the order passed by the Additional Commissioner, the Board of Revenue did not issue notice and did not given opportunity of hearing to the petitioner. 4. In the circumstances, the impugned order being violative of principles of natural justice the same is liable to be and is hereby quashed. The matter is remanded back to the Board of Revenue for deciding the revision afresh after giving opportunity of hearing to the parties. 5. Parties to appear before the Board of Revenue on 6th April, 2015. 6. With the aforesaid observations this petition is disposed of.