Natural justice requires notice and hearing before refusing Form XVII on alleged past misuse

Rejection of a request for issuance of Form XVII could not be sustained where it was based on alleged past misuse without prior notice or hearing. Because the refusal carried civil consequences and relied on adverse past conduct, the affected party was entitled to be put on notice and given an opportunity to respond. The court applied the audi alteram partem principle to an administrative or quasi-judicial decision affecting civil rights, and set aside the rejection for breach of natural justice, directing reconsideration after notice and hearing.

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Issues: Whether rejection of the request for issuance of Form XVII, based on past alleged misuse, could be sustained without notice and hearing; and whether the order was liable to be set aside for breach of natural justice.

Analysis: The rejection was founded on the petitioner's earlier alleged misuse of Form XVII, but no notice was issued before taking the adverse decision. Refusal to issue Form XVII had civil consequences, and when past conduct was relied upon as the basis of rejection, the affected party had to be put on notice and given an opportunity to respond. The governing principle was that an administrative or quasi-judicial order affecting civil rights must conform to audi alteram partem, since notice and reasonable opportunity are integral to fair adjudication.

Conclusion: The rejection order was unsustainable for violation of natural justice and was rightly set aside, with a direction to reconsider the request after notice and hearing.

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