Order Passed Without Giving Adequate Opportunity Of Hearing To Petitioners: J&K&L High Court Quashes Sealing Order Of Madrasas

The Jammu and Kashmir and Ladakh High Court, held that the order passed by the District Administrator for sealing Madrasas was unsustainable as the Petitioner was not given due opportunity to present his case and that no enquiry was conducted in the matter.

Justice Sanjeev Kumar observed, “For coming to such conclusion, least that was required was to put the petitioners on notice and give them an opportunity to explain their position. Obviously, this has not happened in the instant case. The impugned orders, on the face of it, are passed without giving an opportunity of hearing to the petitioners and without holding any enquiry into the matter”.

Senior Advocate Gagan Basotra appeared for the Petitioner and Senior Additional Advocate General Monika Kohli appeared for the Respondents.

A Writ Petition was filed challenging the impugned orders of the Additional Deputy Commissioner whereby the Management of Madarsas which was being run by the Petitioners had been ordered to be taken over by the District Administration through the Tehsildar. The Petitioner contended that the order violated the principle of natural justice as no opportunity was granted to the Petition to present his case.

The Court directed the Respondents to take appropriate action if, during an investigation, it is discovered that the Madrassas are being run by the Petitioners or by others operating illegally. However, no order that is harmful to the Petitioners should be issued without giving them due notice and an opportunity for a fair hearing.

“It is, however, made clear that in case during any enquiry or investigation, it comes to the notice of the respondents that the Madarsas being run by the petitioners or others are operating in violation of law of land, the respondents are free to initiate appropriate action, but it is reiterated that no order adverse to the interest of the petitioners shall be passed without putting them to notice and providing them adequate opportunity of hearing”, the Court noted.

Accordingly, the Court allowed the Petition and quashed the impugned orders of sealing.

Cause Title: Raj Ali and Others v. Union of India and others

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