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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Sarat Dash – Appellant
Versus
Subash Chandra Dash – Respondent
| Table of Content |
|---|
| 1. writ petition filed to quash order on natural justice grounds. (Para 1) |
| 2. hearing without opportunity is against natural justice. (Para 2 , 6) |
| 3. contentions regarding representation and hearing. (Para 3 , 4 , 5) |
| 4. quotes emphasize natural justice violations. (Para 7 , 8 , 9) |
| 5. impugned order unsustainable under law. (Para 10) |
| 6. writ petition allowed, order quashed, remanded for fresh decision. (Para 11 , 12) |
Judgment :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the order dated 18.12.2024 (Annexure-1) passed in Revision Petition No.388 of 2022 under Section 15 (b) of O.S. & S. Act, 1958 by the Commissioner, Land Records & Settlement, Odisha, Cuttack on the ground of non-compliance of the principles of natural justice stating in their writ petition that, Revision Petition No.388 of 2022 was heard by the Commissioner, Land Records & Settlement, Odisha, Cuttack in their absence and the impugned final order dated 18.12.2024 (Annexure-1) was passed without hearing from them (petitioners), though they (petitioners) were the O.P. Nos.1 to 4 in the Revision Peti
Orders issued without compliance with principles of natural justice are deemed illegal; all parties must be given a chance to be heard.
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 necessitates judicial intervention, allowing a writ petition despite alternative remedies.
The court held that failure to provide an opportunity to be heard violates natural justice, warranting quash of orders and remand of case for fresh hearing with inclusion of affected parties.
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