Rajasekharan v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 31/2023 Shri Rajasekharan ... Petitioner Vs.

The Deputy Commissioner and Ors.

... Respondents Mrs. Anjili Nag ... for the Petitioner Mr. Arun S. Kumar ... for the respondents February 15, 2023 [MAM] Item No.26 Heard learned Advocates appearing for the parties. By this Writ Petition, the petitioner has challenged the impugned order dated 26.12.2022, passed by the respondent Deputy Commissioner concerned directing the petitioner to deposit an amount of Rs.14,87,500/- as penalty for the alleged illegal removal of earth. It is the specific case of the petitioner that the aforesaid impugned order has been passed in violation of principle of natural justice by not providing any opportunity of hearing before passing the aforesaid impugned order.

Learned Advocate appearing for the respondents failed to satisfy this Court that before passing the impugned order, any notice of hearing was served upon the petitioner. In opposing the Writ Petitioner, the respondents submit that this Writ Court should not interfere since the impugned order is an appealable order which is not tenable in the eye of law since there was admitted violation of

principle of natural justice and as such availability of alternative remedy will be not a bar in entertaining the Writ Petition.

Considering the facts and circumstances of the case, the Writ Petition No. 31 of 2023 is disposed of by setting aside the aforesaid impugned order dated 26.12.2022 being Annexure P-3 to the Writ Petition and the matter is remanded back to the respondent officer concerned to pass a fresh speaking order in accordance with law after giving opportunity of hearing to the petitioner or its authorized representative, within a period of eight weeks from the date of communication of this order.

(Md. Nizamuddin, J.)