G. SRINIVAS versus GOVT. OF A.P. AND ORS.

G. SRINIVAS versus GOVT. OF A.P. AND ORS.

The Supreme Court held that the government order (GOMs. No. 955) in favour of the appellant did not attain finality and the fact of evacuee property was not brought to the government's notice before issuing it. Therefore, rectification was permissible, but as one notice to the appellant's advocate remained unserved and representation for a further hearing was not considered, the appellant should be given another opportunity of hearing before an appropriate order is passed.

Parties
Appellant: G. Srinivas; Respondents: Government of Andhra Pradesh and Others
Jurisdiction
India
Judgment Date
20 September 2005
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court (reversing Single Judge in Writ Petition)
Outcome
Appeal allowed
Legal Topics
Title Claim Based on Unregistered Sale Deed, Evacuee Property, Principles of Natural Justice, Review of Government Orders Passed by Mistake or Ignorance
Property Law Title Claim Based on Unregistered Sale Deed Evacuee Property Principles of Natural Justice Review of Government Orders Passed by Mistake or Ignorance

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Parties

G. Srinivas

Appellant

Government of Andhra Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court (reversing Single Judge in Writ Petition)

Legal Issues

  1. 1 Whether principles of natural justice were complied with in depriving appellant's claim under GOMs. No. 955
  2. 2 Whether government order issued by mistake or ignorance can be reviewed or recalled
  3. 3 Whether further hearing opportunity should have been given to appellant after notice was unserved

Ratio Decidendi

The Supreme Court held that the government order (GOMs. No. 955) in favour of the appellant did not attain finality and the fact of evacuee property was not brought to the government's notice before issuing it. Therefore, rectification was permissible, but as one notice to the appellant's advocate remained unserved and representation for a further hearing was not considered, the appellant should be given another opportunity of hearing before an appropriate order is passed.

Court Disposition

Appeal allowed

Orders

  • Both Single Judge and Division Bench judgments set aside.
  • State government directed to give appellant one more opportunity of hearing; all contentions may be raised in that proceeding.