Shivani Gadhavi –
Published On: December 19, 2021 at 17:00
On December 18th, 2021 the High Court of Jammu and Kashmir stated that the Right of Hearing is a valuable Right which is given to every citizen of India whose Rights are being taken due to any kind of proposed action taken against him/her by a Judicial or a Quasi-Judicial Authority.
The High Court of Jammu and Kashmir while setting aside the Orders of the Government under which the Petitioner was not given his Right of Judicial review to the actions of Government Authorities. The High Court even if there are any kind of administrative actions being taken against a person, there are Principles of natural Justice to aid the person.
The Petitioner Sheikh Gowhar filed the Plea in the Court of Justice Sanjay Dhar. Mr. Gowhar claimed to be the owner and possessor of a land located in Estate Sonmarg, for more than five decades which he got via his predecessors.
The Case is in regards with Petitioner’s aforementioned land. The Petitioner claims that the Director Land Records, Kashmir; on the basis of fabricated complaints, made observations under an Impugned Order report of June 23rd, 2003. These observations are in Violation of the Petitioner’s Rights and interests, as claimed by the Petitioner.
Sheikh Gowhar Challenged the report in his Petition in front of the High Court. The report was an issued by the then Deputy Commissioner, Srinagar on June 27th, 2003 and then an Order was issued by the Tehsildar of Kangan on June 30th, 2003. The Petitioner also challenged an Order of the Financial Commissioner who dismissed his Revision Petition.
Justice Dhar stated in regards with the whole scenario, “If Respondent Director Land Records would have given an opportunity of Hearing to the Petitioner before recommending cancellation of his entries in respect of the land in question, the Petitioner would have, besides presenting his case before the said Revenue Officer, got an option of getting the dispute determined in accordance with Section 26 of the Act by approaching the Civil Court of competent Jurisdiction.”
Hence, the Court Dismissed and Quashed all the Orders and communications of the Government Authorities. The Court also allowed the Government Authorities to pass a fresh Order pertaining to the Petitioner whereby the Petitioner would be given a chance to be heard.
