HIGH CGURT OF CHHATTISGARH: BILASPUR . Writ Petition (C) No. 3483 of 2007 Bhanu Ram Slo Late Shri Bhau, Aged about 55 years, Rio Village - Nisdah, Tehsil - Aarang. Dist: Raipur-(C.G.) Petitioner ‘ Versus ‘ Respondents 1. State of Chhattisgarh Thtough - The Secretary Department of y Revenue, D.K.S. Bhawan Raipur— i r C.G. Dist :Raipur —- (C';G.) Chairman Revenue Board. Circuit Court, Raipur, Dist : Raipur — (C.G.) 2 3. The Upper Collector, Raipur, Dist : Raipur‘ (C.G.) 4 5 Sub Divisional Officer, Revenue Raipur, Dist : Raipur - (C.G.) Tehsildar Aarang, Dist : Raipur ((16,) (Writ Petition under Artiole 226 of the Constitueon of India) v SB: Hon’ble Mr. Justice Satish K. Agnihotri Present: Shris. K. Dadsena,counselfor the petitioner. ' Shri A. S. Kachhwaha. Govt. Advocate for the State [respondents No.1, 3, 4 & 5. ORAL ORDER (Passed on 25‘“June, 2007), (1) With the consent of leamed counsel for the parties, the matter is heard finally. Learned counsel appearing for the petitioner'submits mat the Additional Collector, Raipur by the order dated 14.02.2005 (Annexure P—Z) has V dismissed the application without affording an opportunity of hearing to the petitioner. On perusal of the order dated 14.02.2005, it appears that the I —Additional Collector, Raipur has decided the application on the basis of the lettervdated 18.03.2002 issued by the Gram Panchayat, Nishda objecting the grant of disputed land to the Trust. The Board of Revenue, Chhattisgarh . Raipur in its order dated 9‘“ October, 2006 (Annexure P-1) has not considered all the facts and dismissed the appeal tiled by the petitioner against the order dated 14.02.2005. (2) Since the order of the Collector was passed without affording proper opportunity of hearing to the petitioner, the order is not sustainable in X law, as it is trite law that no adverse order can be passed without fatlowing y principles of natural justice and fair play in action: (3) ln view of that, the impggned order dated 09.10.2006 (Annexure P-1), pas'sedjpy Board of Revenue], Qhhattlsgeth Raipur is set aside and the matter is remitted back to the Additional Collector, Raipur to oonsider‘the application of the petitioner after affording proper opportunity of hearing to the parties and after examining all the relevant documents. (4) in view of this observation, if any, made hereinabove,‘ shall not come in the way of decision making by the Additional Collector, Raipur in accordance with law. (5) The writpetition is accordingly allowed. Kanma