IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Sarojini Satapathy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual basis for writ petition. (Para 1 , 3) |
| 2. importance of due process and justice. (Para 4 , 5 , 6) |
| 3. remittance for fresh hearing enhances justice. (Para 7) |
| 4. justification for allowing the writ petition. (Para 8) |
| 5. final order and directions to remand. (Para 9 , 10 , 11 , 12) |
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 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).
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.
5. It is the settled propositions of law that, it is the duty of a good
Substantial justice prevails over technicalities; courts should provide opportunities to parties to file necessary documents to ensure fair hearings.
Court highlighted the necessity of natural justice in adjudicating disputes, affirming that parties must be given opportunities to present their case.
A party must be afforded the opportunity to be heard before any decision is made, upholding the principles of natural justice and preventing injustice.
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
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