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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Bharati Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of order. (Para 1) |
| 2. petitioner claims dismissal without hearing. (Para 3) |
| 3. principle of hearing parties crucial in justice. (Para 4 , 5 , 6) |
| 4. ends of justice favor hearing on merits. (Para 7) |
| 5. writ petition allowed; order quashed. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 21.06.2024 (Annexure-1) passed in OSS Case No.630/2022 by the Addl. Commissioner, Addl. Revision Court No.IV, Bhubaneswar.
3. During the course of hearing of this writ petition, the learned counsel for the petitioner contended that, the OSS Case No.630 of 2022 filed by the petitioner has been dismissed on dated 21.06.2024 by the Addl. Commissioner, Addl. Revision Court No.IV, Bhubaneswar without hearing from the petitioner indicating absence of the petitioner. According to him, the petitioner was not noticed for participating in the hearing of the OSS Case No.630/2022. Therefore, the petitioner is eagerly interested for participating in the hearing of the Revision on merit, if the impugned order will be set aside and
A party must be afforded the opportunity to be heard before any decision is made, upholding the principles of natural justice and preventing injustice.
Substantial justice prevails over technicalities; courts should provide opportunities to parties to file necessary documents to ensure fair hearings.
The court reinforced that orders must respect natural justice principles, requiring that all parties are given an opportunity to be heard; failure results in legal invalidity.
Decision without providing a party access to the material relied on violates principles of natural justice, warranting quashing of the order.
Violation of natural justice principles necessitates judicial intervention, allowing a writ petition despite alternative remedies.
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