Quasi-judicial orders based on undisclosed material and violating natural justice principles are unsustainable and void.

The petitioners purchased several parcels of land in Village Girwai, Gwalior, via registered sale deeds dated 13.10.2022 from one Sachchidanand, who was recorded as the Bhoomiswami.

The land had previously devolved from Guru Shrikant Nath to Sachchidanand. While a mutation application by Sachchidanand was initially rejected, it was later remanded for reconsideration.

The petitioners' own mutation application was also remanded by the Sub-Divisional Officer.

On 15.06.2023, the Additional Commissioner, Gwalior Division, passed an order declaring the property as Government land belonging to "Dholibua Math," prohibiting alienation, and ordering a roving inquiry by the Collector.

This order was passed without issuing notice to the petitioners and relied on undisclosed records from the Mafi Aukaf Department.

1. Whether the impugned order dated 15.06.2023 was passed in violation of the principles of natural justice by failing to provide the petitioners an opportunity to be heard.

2. Whether the Additional Commissioner exceeded his jurisdiction by issuing sweeping directions for inquiry and restricting alienation of property that had already undergone concluded mutation proceedings.

3. Whether "Mafi land" is automatically categorized as Government-owned land.

The Court applied the fundamental principle of natural justice, which mandates that any order entailing civil consequences must be preceded by a fair opportunity of hearing.

Regarding land tenure, the Court clarified the legal status of "Mafi land," noting it is land exempted from revenue for religious/charitable purposes but does not ipso facto vest ownership in the State.

In the absence of express statutory power of review, an authority cannot indirectly reopen or nullify proceedings that have attained finality.

The Court found that the Additional Commissioner committed a gross procedural error by initiating proceedings on 17.05.2023 and passing the final order on 15.06.2023 without ever issuing notice to the petitioners, despite their recorded interests in the property.

The Court reasoned that the Commissioner’s reliance on undisclosed "Mafi Aukaf Department" records—which were not even part of the official case file—vitiated the decision-making process.

Legally, the Court corrected the Commissioner's assumption that Mafi land is Government property, emphasizing that such land retains its character as endowed property.

The Court concluded that the Commissioner exercised "jurisdictional overreach" by issuing omnibus directions to the Collector to conduct a roving inquiry and restricting alienation, which exceeded the scope of the appellate proceedings and sought to circumvent earlier final mutation orders.

The High Court set aside the order dated 15.06.2023 and remanded the matter to the Additional Commissioner/Competent Authority for fresh adjudication after ensuring all parties are heard and relying only on disclosed, on-record material.

The petition was allowed.