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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Niranjan Dhal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's claim based on non-compliance of natural justice. (Para 1 , 2) |
| 2. examining the validity of the impugned order. (Para 3 , 4) |
| 3. court's analysis and application of legal principles. (Para 5) |
| 4. final decisions and directives by the court. (Para 7 , 8 , 9 , 10 , 11) |
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 13.08.2024 (Annexure-5) passed in Mutation Appeal No.62 of 2024 by the Sub-Collector, Bhadrak (O.P No.3) on the ground of non-compliance of the principles of natural justice.
For which, the Petitioner filed this writ petition against the O.P. No.6 and others praying for quashing the impugned order dated 13.08.2024 (Annexure-5) passed in that Mutation Appeal No.62 of 2024 by the Sub-Collector, Bhadrak (O.P No.3).
4. Nowhere, in the impugned order dated 13.08.2024 (Annexure- 5) passed in Mutation Appeal No.62 of 2024 by the Sub-Collector, Bhadrak (O.P No.3), it has been indicated/reflected about the impleadment of the Petitioner as a Party in that Mutation Appeal, though the R.o.R. of the case land was in the name of the Petiti
The court emphasized the necessity of impleading affected parties in proceedings impacting their rights, reaffirming principles of natural justice.
Orders passed without compliance with natural justice principles are unsustainable and subject to quashing for re-evaluation and proper hearing.
The court ruled that orders affecting rights must not be made without providing notice and opportunity to the affected party, emphasizing the principles of natural justice.
Violation of natural justice principles renders administrative orders illegal, necessitating an opportunity for hearing in administrative proceedings.
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