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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Hari Behera – Appellant
Versus
Collector, Khurda – Respondent
| Table of Content |
|---|
| 1. writ petition filed under articles 226 and 227. (Para 1) |
| 2. arguments on the grounds of non-filing documents. (Para 3) |
| 3. impugned order not sustainable under law. (Para 4) |
| 4. writ petition allowed, order quashed. (Para 5 , 6) |
| 5. writ petition disposed of finally. (Para 7) |
JUDGMENT :
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 final order dated 28.10.2024 (Annexure-2) passed by the Addl. Commissioner, Addl. Revisional Court No.II, Bhubaneswar in R.P. Case No.1452 of 2014.
3. During the course of hearing, learned counsel for the petitioners drew the attention of this Court to the impugned order dated 28.10.2024 (Annexure-2) passed in R.P. Case No.1452 of 2014 and contended that, the said order has been passed for rejection of R.P. Case No.1452 of 2014 filed by the petitioners “on the ground of non-filing of the documents concerning sabik Hal comparison, flow of title and documents relating to possession.
4. The required documents relating to comparison of sabik and Hal records and documents relating to possession are available in the settlement office of the Add
The state authorities must ensure the verification of required documents when they are in their custody; rejection of cases solely based on non-production by petitioners is not sustainable.
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
The appellate court may only admit additional evidence under specific conditions, which were not met by the petitioners, as they failed to demonstrate due diligence in producing the evidence during t....
An ambiguous order by revenue officials that conflicts with ongoing civil proceedings is not sustainable; clarity and opportunity for hearing must be provided.
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