Order based on a quashed judgment is unsustainable and necessitates fresh adjudication by the authority.

The petitioners challenged orders passed by the District Collector, Junagadh, regarding a parcel of land.

Specifically, in SCA No. 9864/2014, the District Collector had passed an order dated 04.02.2014 by heavily relying on a directions issued by a Single Judge of the Gujarat High Court in SCA No. 5055/2009 dated 08.09.2010.

However, unbeknownst to the Collector at the time, the Single Judge's judgment had already been quashed and set aside by a Division Bench in a Letters Patent Appeal (LPA) vide order dated 25.07.2012.

The State contended that the land in question falls within a protected reserve forest/sanctuary area pursuant to a Government of India notification.

1. Whether the order passed by the District Collector, Junagadh, on 04.02.2014 is legally sustainable given it was based on a High Court judgment that had already been quashed by a Division Bench.

2. Whether the matters regarding the land parcel should be remanded for fresh adjudication to ensure a fair hearing for all parties.

The court applied the fundamental principle of judicial hierarchy and the doctrine of merger, whereby an order passed by a lower authority based on a judgment that has been subsequently set aside by a superior court (Division Bench) loses its legal foundation.

It further considered the principles of natural justice, requiring that all concerned parties be provided an adequate opportunity to be heard when territorial forest limits and reserve forest notifications are at stake.

The court found that the District Collector’s order dated 04.02.2014 was "essentially founded" upon the directions of the Single Judge.

Since the Division Bench had reversed that base judgment nearly two years prior to the Collector's order, the foundation of the Collector’s decision was non-existent at the time it was made.

The court noted that the Collector was likely unaware of the appellate outcome.

Given that the issues in both petitions were interconnected and involved significant environmental classifications (reserve forest/sanctuary), the court reasoned that a "just and fair decision" required the matters to be decided afresh after an opportunity for hearing was granted to all parties, including the State.

The matters were remanded to the District Collector, Junagadh, for fresh consideration; the Court directed the Collector to conclude proceedings within twelve months and ordered all parties to maintain status quo regarding the property in the interim.