Disputed service of notice led to fresh notice and rehearing, with the matter sent back for decision in accordance with law.

Disputed service of notice is treated as a fairness issue in ex parte proceedings, and the matter may be taken back to the notice stage where the parties consent to fresh adjudication. The impugned order was directed to be set aside and the respondents were permitted to issue a fresh notice, after which the petitioner could respond and the matter be decided afresh in accordance with law. The proceedings were thus not finally determined on merits, but were sent back for fresh notice and reconsideration.

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Issues: Whether the impugned ex parte order required interference on the ground of disputed service of notice and whether the matter should be sent back for fresh notice and decision.

Analysis: The dispute centred on service of notice and the fairness of the proceedings leading to the impugned order. By consent, the parties proposed that the order be set aside and that the respondents be permitted to issue a fresh notice, after which the petitioner could respond and the matter could be decided afresh in accordance with law.

Conclusion: The writ petition was disposed of by directing the respondents to issue a fresh notice and thereafter pass orders in accordance with law.

Final Conclusion: The impugned proceedings were not finally adjudicated on merits and the matter was directed to proceed afresh from the stage of notice.

Ratio Decidendi: Where service of notice is disputed, the Court may direct fresh notice and fresh adjudication to ensure proceedings are conducted in accordance with law.

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