Shyam Bihari Singh vs The State of Jharkhand

Narendra Nath Tiwari, J.—In this writ petition, the petitioner has prayed for quashing the order of the Deputy Commissioner-cum-District Registrar, Palamau, issued by Memo No. 418 dated 30.5.2013 (Annexure-5), whereby the petitioner''s license of deed writer has been cancelled. The short point raised by the petitioner for assailing the said order is that the order has been passed on the basis of certain allegations. The same is punitive one and has been passed without serving any notice on the petitioner and without giving any opportunity to be heard and represented.

The respondents have filed counter affidavit admitting the said position. In Paragraph 8 of the counter affidavit, it has been stated that though the notice was sent to the petitioner, it was not received by him.

It is well settled that any order, which is punitive and visits a person with civil consequence, cannot be passed without complying with the principle of natural justice.

In the instant case, the impugned order has been passed without serving proper notice on the petitioner and without giving any opportunity of hearing or representation to the petitioner. There is, thus, clear violation of the rules of natural justice. The impugned order is, thus, null and void and is not sustainable.

For the reasons aforesaid, this writ petition is allowed.

The impugned order contained in Memo No. 418 dated 30.5.2013, issued by the Deputy Commissioner-cum-District Registrar, Palamau (Annexure-5) is quashed. However, it goes without saying that if there is any valid ground for proceeding against the petitioner, the respondents are at liberty to proceed in accordance with the procedures established by law.