Anjani Synthetics Ltd. and Another vs Union of India and Others

J.N. Bhatt, J.—Rule service of which is waived by learned Central Government Standing Counsel Mr. Akshay Mehta for the respondents.

Upon joint request and in view of the special facts and circumstances, the petition is taken up today itself for final hearing.

In this petition under article 226 of the Constitution of India, the only question which requires consideration is whether the impugned action and the order in refusing abatement in respect of hot air stenter was taken without affording an opportunity of hearing or not. It appears from the record, very clearly, that before passing the impugned order, no such opportunity was given. Therefore, the impugned order suffers from the vice of non-hearing. In the circumstances, the petition is required to be allowed on that ground alone.

Consequently, respondent No. 2, Who has recorded the impugned order, is directed to reconsider the representation and the request made by the petitioner after giving him an opportunity of hearing available under the law and pass fresh speaking order. The matter is, therefore, accordingly, remanded. Rule is made absolute to that extent with no order as to costs.