Substantial justice prevails over technicalities; courts should provide opportunities to parties to file necessary documents to ensure fair hearings.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

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 10.02.2025 (Annexure-1) passed in OSS Case No.1256/2022 under Section 15 (b) of the O.S.S. Act, 1958 by the Addl. Commissioner, Addl. Revision Court No.IV, Bhubaneswar (O.P. No.2).

2. Heard from the learned counsel for the petitioner and the learned Standing Counsel for the State, as, none appeared from the side of the O.P. No.5.

3. The factual backgrounds of this writ petition, which prompted the Petitioner for filing of the same is that, the impugned order vide Annexure-1 has been passed by the O.P. No.2 on the ground of non-filing of the required documents i.e. order of permission granted under Section 22 of the OLR Act, 1960 and the documents in respect of the waste land lease case along with other documents to show the flow of title in respect of the case land in favour of the Petitioner.

4. During the course of hearing of this writ petition, the learned counsel for the petitioner submitted that, the said required documents in respect of the case land are presently available with the Petitioner and the Petitioner is eagerly interested for filing of the same before the O.P. No.2, if the impugned order vide Annexure-1 will be quashed and the matter i.e. OSS Case No.1256 of 2022 will be remitted back to the O.P. No.2 for hearing of the same afresh.

5. It is the settled propositions of law that, it is the duty of a good Judge to make its best endeavor for the disposal of a lis/case on merit providing opportunity to the Parties for filing of the required documents in respect of the case land, for no other reason, but, only in order to avoid the multiplicity of litigations between the Parties.

6. When the law of technicalities and the courses of substantial justice are pitted against each other, the courses of substantial justice deserves to be preferred.

7. Here in this matter at hand, when the petitioner is eagerly interested for filing of the required documents in order to substantiate her claim before the O.P. No.2 in O.S.S. Case No.1256 of 2022, if the impugned order dated 10.02.2025 passed by the O.P. No.2 in O.S.S. Case No.1256 of 2022 will be set aside and the matter will remitted back for its hearing afresh, then, at this juncture, by applying the above principles of law to this matter at hand, it is held that, the ends of justice shall bestly be served, if the impugned order dated 10.02.2025 (Annexure-1) passed in OSS Case No.1256/2022 by the Addl. Commissioner, Addl. Revision Court-IV, Bhubaneswar (O.P. No.2) will be set aside and the matter vide OSS Case No.1256/2022 will be remitted back to the O.P. No.2 for deciding the same afresh after giving opportunity to the Petitioner for filing of the required documents in respect of the case land to show the flow of title of the case land in her favour, then, the said order shall cause prejudice to no Party, rather the same will be in furtherance of rendering the substantial justice to the Parties.

8. Therefore, for the reasons assigned above, I find no justification to disallow the writ petition filed by the Petitioner.

9. Hence, the writ petition filed by the petitioner is allowed.

10. The impugned order dated 10.02.2025 vide Annexure-1 passed in OSS Case No.1256/2022 by the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar (O.P. No.2) is quashed/set aside.

The matter vide OSS Case No.1256/2022 is remitted back to the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar (O.P. No.2) for deciding the same afresh as per law after giving opportunity to the Petitioner for