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ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Sukadev Biswal – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to impugned order due to lack of hearing. (Para 1) |
| 2. representation from all parties heard in court. (Para 2) |
| 3. impugned order violated natural justice principles. (Para 3 , 4 , 5 , 6) |
| 4. writ petition allowed in part; final disposal. (Para 7 , 10 , 11) |
| 5. quashing of order and remittal for fresh hearing. (Para 8 , 9) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner challenging the final order dated 19.11.2024 (Annexure-3) passed in Mutation Appeal No.19 of 2017 by the Sub-Collector, Sambalpur (O.P. No.2) on the ground of non-compliance of the principles of natural justice i.e. without hearing from the Petitioner.
3. It is well evident from the impugned order dated 19.11.2024 (Annexure-3) passed in Mutation Appeal No.19 of 2017 by the Sub-Collector, Sambalpur (O.P. No.2) that, no opportunity of hearing was given to the Petitioner, though, the Petitioner was the said Respondent No.1 in the said appeal.
4. So, the said impugned order dated 19.11.2024 (Annexure-3) passed by the Sub-Collector, Sambalpur (O.P. No.2) cannot be sustainable under law.
6. As such, there is some merit in the
Orders passed without compliance with natural justice principles are unsustainable and subject to quashing for re-evaluation and proper hearing.
The court emphasized the necessity of impleading affected parties in proceedings impacting their rights, reaffirming principles of natural justice.
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.
Violation of natural justice principles renders administrative orders illegal, necessitating an opportunity for hearing in administrative proceedings.
Writ petitions can be maintained despite alternate remedies if government officials act contrary to law, emphasizing the necessity of adherence to procedural standards in administrative decisions.
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