Natural justice bars reversal of a property handover decision without prior hearing; matter to be reconsidered.

An adverse reversal of an earlier governmental decision to hand over movable and immovable property and cash could not be sustained where the affected parties were not given a prior hearing. The petitioners had acted on the initial decision, including withdrawing a succession application, and the later stay or cancellation directly affected their civil rights in property. Since natural justice required an opportunity to be heard before such a prejudicial change, the impugned cancellation could not stand. The matter was directed to be reconsidered afresh after giving the petitioners an opportunity of hearing.

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Issues: Whether the order withholding or cancelling the earlier decision to hand over the movable and immovable properties and cash required to be set aside for want of prior hearing to the petitioners.

Analysis: The dispute centred on whether the petitioners had been afforded an opportunity before the State Government changed course and stayed the implementation of the earlier decision in their favour. The petition record showed that an earlier governmental decision had initiated handing over of the properties and that the petitioners had acted on that decision, including withdrawing the succession application. The impugned reversal affected civil rights in relation to property. In such circumstances, adherence to natural justice required that an adverse decision not be taken without giving the affected party an opportunity to be heard.

Conclusion: The impugned cancellation or stoppage could not stand without prior hearing. The matter was directed to be reconsidered afresh after giving the petitioners an opportunity of being heard.

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