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2025 Supreme(Ori) 120

IN THE HIGH COURT OF ORISSA AT CUTTACK
MURAHARI SRI RAMAN, J.
 
Kumudini Samantara & Another – Petitioners
Versus
Joint Commissioner, Settlement and Consolidation, Berhampur & others – Opp. Parties
O.J.C. No.1378 2001
Decided On : 22-08-2025

Advocates Appeared:
For the Petitioners:Mr. Satyanarayan Mohapatra, Advocate
For the Opp. Parties : Ms. Suman Pattnaik, AGA.

The necessity of providing clear reasoning in decision-making is critical for judicial integrity and transparency, ensuring just outcomes in administrative and quasi-judicial decisions.

Headnote:(A) Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 - The order of the Joint Commissioner remanding the matter to the Consolidation Officer is criticized for lacking reasoning. (Paras 6, 10)

(B) Legal duty to provide reasons - The necessity to give reasons in decision-making processes is emphasized as a principle of justice and transparency. (Paras 8, 9)

(C) Nature of land - The court addresses the considerations regarding the type of land and its implication in the remand which should have been considered. (Paras 3, 3.1)

Facts of the case:
The petitioners contested a remand order issued by the Joint Commissioner on grounds of the order being unintelligible and lacking reasoning, stated the petitioners were in possession of 'Gramakantha Paramboke Land'.

Findings of Court:
The impugned order is set aside as unsustainable due to lack of reasoning, and the matter is remanded for fresh consideration with a directive for reasoned communication.

Issues: The key issues were whether the remand for examination of the registered partition deed was justified, and whether the impugned order was intelligible.

Ratio Decidendi: The court held that every decision must provide reasoning to ensure judicial accountability and transparency, citing pivotal cases to reinforce this principle.

Result: The impugned order is set aside and the matter is remanded for fresh consideration.

Table of Content
1. introduction to case and prayer of the petitioners. (Para 1)
2. court's observation on the proceedings and rationale. (Para 2 , 5 , 6)
3. arguments regarding the validity of the impugned order. (Para 3 , 4)
4. court's decision to set aside the impugned order. (Para 7 , 10)
5. importance of giving reasons in decision-making. (Para 8 , 9)
6. conclusion of the writ petition. (Para 11 , 12)

ORDER :

MURAHARI SRI RAMAN, J.

1. Assailing the order dated 10.09.1998 passed by the learned Joint Commissioner, Settlement and Consolidation, Berhampur, opposite party no.1 in Revision Case No.437 of 1992, whereby matter got remitted to the learned Consolidation Officer, Bhanjanagar for examination of the issue and physical possession keeping in view the contents of the Registered Partition Deed between the parties, the petitioners have preferred the present writ petition with the following prayer(s):-

“In the facts and circumstances of the case, it is therefore most humbly prayed that, this Hon’ble Court be graciously pleased to admit this writ petition, issue rule Nisi calling upon the Opp.parties to show cause as to why the prayers made hereunder be not allowed and upon showing insufficient cause / no cause make the said rule absolute, issue writ/writs direction/directions in the nature of;

“Certiorari quashing the impugned order under Annexure- 4 and the proceedings in remand Revision Case No.437/92 pending before the Consolidation Officer, Bhanjanagar;

And may pass such other order/orders as may be deemed just and proper;

And for this act of kindness, the petitioner as in duty bound shall remain ever pray.”

2. Heard Sri Satyanarayan Mohapatra, learned counsel appearing for the petitioners and Ms. Suman Pattnaik, learned Additional Government Advocate appearing for opposite party nos.1 and 2. Though a set of counsel entered appearance on behalf of the private opposite party nos.3 to 10, no one represented at the time of call nor have they filed any counter affidavit. On earlier occasions the matter stood adjourned in absence of counsel for said opposite parties. Since this matter is of the year 2001, this Court is not inclined to adjourn this matter any further.

3. Sri Satyanarayan Mohapatra, learned counsel appearing for the petitioners submitted that the impugned order dated 10.09.1998 passed by the learned Joint Commissioner, Settlement and Consolidation, Berhampur, opposite party no.1 in Revision Case No.437 of 1992 is a cryptic, non-speaking and unintelligible order and, therefore, the same deserves to be set-aside and the matter deserves to be remanded for fresh consideration of the Revision Petition.

3.1. He further submitted that the petitioners are in possession of the subject land, the status of which is “Gramakantha Paramboke Land”. It is urged that the order impugned is ex facie illegal, inasmuch as the same could not have been directed for consideration of registered partition deed among the parties by the Revisional Authority as the nature of land does not invite consideration of such fact.

4. Ms. Suman Pattnaik, learned Additional Government Advocate appearing for opposite party nos.1 and 2-State opposing the aforesaid contention of the learned counsel for the petitioners, with reference to the counter affidavit, submitted that after affording an opportunity to the parties, the Revisional Authority has felt it expedient to remand the matter to the Consolidation Officer, Bhanjanagar for examination of the issue and physical possession and consideration of the registered partition deed. She would submit that no prejudice would be caused to the petitioners in the event the Consolidation Officer, Bhanjanagar re-examines the issue as directed by the Revisional Authority.

5. Perusal of record reveals that the Joint Commissioner, Settlement and Consolidation, Berhampur vide order dated 10.09.1998 passed the following:-

“This is put up today.

The Respondent No.4 is present. The petitioners are absent on call. It has been prayed to e

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