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 :
A.C. Behera, J.
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.
2. The case of the Petitioner is that, though, the R.o.R. of the case land was in the name of the Petitioner, but, the Mutation Appeal No.62 of 2024 was disposed of by the Sub-Collector, Bhadrak (O.P No.3) on being filed by the O.P. No.6 as per impugned order dated 13.08.2024 (Annexure-5) for correction of the R.o.R. of the case land from the name of the Petitioner to the name of the O.P. No.6 without impleading the Petitioner or his vendor in the said Mutation Appeal No.62 of 2024 as a Party in that Mutation Appeal No.62 of 2024.
For whi
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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