Judicial Review Upholds Natural Justice: Appellate Order Quashed for Lack of Hearing, Petitioner's Right Restored

The HC allowed the writ petition challenging an appellate order that rejected an appeal due to delay without granting a hearing. The court quashed the impugned order and directed the appellate authority to provide a reasoned decision after hearing the petitioner within two months, emphasizing the fundamental principle of natural justice requiring an opportunity to be heard.

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Issues involved: Writ petition under Article 226 challenging appellate order citing delay in submission of appeal without granting opportunity of hearing.

Judgment Summary:

Issue 1: Opportunity of Hearing
The petitioner challenged an appellate order for rejecting the appeal due to delay without granting an opportunity of hearing. The counsel relied on judgments from the coordinate Bench and Rajasthan High Court to support the argument. The Court noted the lack of opportunity of hearing and quashed the impugned order, directing the appellate authority to provide a reasoned order after granting a hearing to the petitioner within two months.

This judgment emphasizes the importance of providing an opportunity of hearing before deciding on an appeal, as established by previous legal precedents.

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