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2007 (9) TMI 581 - KERALA HIGH COURTStatutory revision - Held that:- In the instant case, as already observed the statutory revision filed by the petitioner was heard by one officer, but for various reasons he could not pronounce his decision and his successor, without hearing the parties to the lis, has passed the impugned order. The order so passed, is not only arbitrary but also illegal and in total violation of one of the facets of the principles of natural justice. Therefore, the said order cannot be sustained. Accordingly, the writ petition deserves to be allowed and it is allowed. In view of the findings and conclusions reached, for the present, need not have to consider the merits or demerits of the case pleaded by the appellant in the writ appeals. The result of those appeals would now depend on the orders that may be passed by the State Government in the revision petition filed by the petitioner under section 83(2) of the Revenue Recovery Act against the order passed by the Board of Revenue. The matter is remitted back to the State Government to restore the revision petition filed by the petitioner on its file and consider the same in accordance with law after affording a reasonable opportunity of hearing to the petitioner and the contesting respondent.
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