A. Srinivas v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/175/2024 A. Srinivas Vs.

The Andaman and Nicobar Administration and Another Ms. Dolly Saha ... for the petitioner [on behalf of Mr. Arul Prasanth] Ms. Babita Das ... for the respondents March 14, 2024 [SR] Item No. 10 Heard Ms. Dolly Saha, learned counsel holding the brief of Shri Arul Prasanth, learned counsel for the petitioner and Ms. Babita Das, learned counsel for the respondents. This writ petition has been filed to quash the impugned order dated 29.12.2023 ( R.C No.762/2023/DC(SA)/8303) passed by the Deputy Commissioner, South Andaman District under section 201(6) of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 and under section 34 of the Andaman and Nicobar Islands Minor Mineral Rules, 2012, imposing penalty of Rs.23,25,040/- upon the petitioner, who is the owner of M/s ASCON Stone Crusher Unit, Brookshabad.

Learned counsel for the petitioner submits no opportunity of hearing was afforded to the petitioner before passing the impugned order which fact is evident even from the perusal of the impugned order. She submits that under the circumstances, the impugned order having been passed in violation of the principles of natural justice deserves to be quashed.

Learned counsel for the respondents does not dispute the fact that the opportunity of hearing was not afforded to the petitioner before passing the impugned order.

I have carefully considered the submissions of the learned counsel for the parties and perused the impugned order dated 28/29.12.2023. I find that in the impugned order, there is no whisper about affording any opportunity of hearing to the petitioner before imposing penalty.

Under the circumstances, the impugned order having been passed in breach of principles of natural justice deserves to be quashed and the matter deserves to be remitted back to the authority concerned to pass an order afresh, in accordance with law, after affording a reasonable opportunity of hearing. For the reasons as aforesaid, the impugned order dated 28/29.12.2023 is quashed. The writ petition is disposed of with the following directions:- (i) The petitioner shall appear before the respondent no.2 within a week from today along with a certified copy of this order and thereupon the respondent no.2 shall issue to the petitioner a show cause notice confronting with adverse materials and requiring him to show cause as to why action may not be taken under section 34 of the Andaman and Nicobar Islands Minor Mineral Rules, 2012 and under section 201(6) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 and penalty or other action as required under law may not be taken.

(ii) The petitioner shall submit his objection to the show cause notice, within next two weeks before the respondent no.2. (iii) Thereafter, the respondent no.2 shall pass an order, in accordance with law within next four weeks after affording reasonable opportunity of hearing to the petitioner. With the aforesaid directions, the writ petition is disposed of. It is made clear that this court has not expressed any opinion on merits of the case.

( Surya Prakash Kesarwani, J. )