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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Sarat Nayak @ Sarat Chandra Nayak – Appellant
Versus
Commissioner Consolidation, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. petition filed under articles 226 and 227 (Para 1 , 2 , 3) |
| 2. violation of natural justice in the impugned order (Para 4 , 6) |
| 3. conditions under which writ petitions can be entertained (Para 5) |
| 4. writ petition allowed partially and order quashed (Para 7 , 8 , 9 , 10 , 11 , 12) |
JUDGMENT :
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 25.08.2023 (Annexure-5) passed in Revision Case No.775 of 2009 by the Commissioner Consolidation, Bhubaneswar (O.P No.1).
3. The Petitioner was the O.P. No.1 in Revision Case No.775 of 2009 before the Commissioner Consolidation, Bhubaneswar (O.P No.1).
When, the impugned order vide Annexure-5 does not reveal about providing any opportunity of hearing to the O.P. No.1 in the said Revision (Petitioner in this writ petition), then at this juncture, it is held that, the impugned order vide Annexure-5 has been passed by the O.P. No.1 without complying the principles of natural justice.
(i) In a case between Whirlpool Corporation vrs. Registrar of Trade Marks : reported in (1998) 8 SCC 1 that,
(a) Where principles of natural justice a
Violation of natural justice principles necessitates judicial intervention, allowing a writ petition despite alternative remedies.
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.
Orders issued without compliance with principles of natural justice are deemed illegal; all parties must be given a chance to be heard.
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