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2024 (1) TMI 230

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..... 23. On consideration of the petitioner s reply, the impugned order was passed. The petitioner had no justifiable reason for not appearing for personal hearing on the date fixed. If a person does not avail the opportunity of personal hearing, he cannot later on complain about the same. On this aspect also, it is found that there is no violation of principles of natural justice. The petitioner has got the statutory alternative remedy of appeal. If so advised, the petitioner can seek such alternative remedy in accordance with law - petition dismissed. - HON BLE SRI JUSTICE RAVI NATH TILHARI AND HON BLE SRI JUSTICE A.V. RAVINDRA BABU For the Petitioner : J.N Venkata Suresh Kumar For the Respondents : Sri T.C.D.Sekhar, learned Government Plead .....

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..... t the report or the information so received from NAHI was not supplied to the petitioner. 6. Learned counsel for the petitioner further submits that there is violation of principles of natural justice at the stage of providing personal hearing as well, in as much as firstly the notice for personal hearing dated 12.07.2023 fixing the date 17.07.2023 was served on 17.07.2023 i.e., the date of personal hearing. Consequently, the petitioner could not appear on that date. Secondly, the respondent issued another notice dated 21.07.2023 for personal hearing fixing the date 24.07.2023, but the petitioner could not appear for the reason that 22.07.2023 and 23.07.2023 were Saturday and Sunday and the time was not sufficient to make personal appearanc .....

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..... ner fixing the date 24.07.2023(Monday). It could not be demonstrated before us as to why the petitioner did not appear on the date fixed. The explanation of Saturday and Sunday is not for the date fixed. We find that the petitioner had no justifiable reason for not appearing for personal hearing on the date fixed. If a person does not avail the opportunity of personal hearing, he cannot later on complain about the same. On this aspect also we find that there is no violation of principles of natural justice. 11. The petitioner has got the statutory alternative remedy of appeal. If so advised, the petitioner can seek such alternative remedy in accordance with law. 12. The writ petition is dismissed on the aforesaid ground. No orders as to cos .....

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