Natural justice breached where order was passed on the notice date without hearing the petitioner, leading to remand.

An order passed on the same day as a fresh show cause notice, without awaiting the petitioner's reply, was treated as procedurally unfair and contrary to natural justice. The High Court noted that once the notice was issued on the basis of the petitioner's claimed ownership, the authority had to consider the response and afford a hearing before deciding the matter. Because that opportunity was not given, the impugned order could not be sustained. The matter was remanded for a fresh decision after hearing the petitioner.

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Issues: Whether the order passed on the same day as the show cause notice, without waiting for the petitioner's response, was vitiated for breach of natural justice and liable to be quashed.

Analysis: A fresh show cause notice was issued to the petitioner granting seven days to respond, but the impugned order was passed on the same day. Once the notice was addressed to the petitioner on the basis of the claim of ownership, the authority was required to await the reply and then decide the matter after affording an opportunity of hearing. Passing the order without considering the response rendered the action procedurally unfair.

Conclusion: The impugned order could not be sustained and was set aside for violation of natural justice, with the matter remanded for fresh decision after hearing the petitioner.

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