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ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Ghanshyam Das Khandelwal – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State (Opp. Parties).
2. Upon hearing from the learned counsels of both the sides and considering the materials available in the record along with the impugned order, it is felt proper to dispose of this writ petition finally on the ground that, the Revisional Authority-Opp. Party No.2 (Addl. Commissioner, Addl. Revisional Court-III, Bhubaneswar) has passed the impugned order on dated 10.09.2024 (Annexure-6) against the petitioner in OSS Case No.1416 of 2019 only on the basis of the status report of the Tahasildar, Bhubaneswar prepared by the Tahasildar without supplying the copy of such status report of the Tahasildar, Bhubaneswar to the petitioner of this writ petition (who was the petitioner in OSS Case No.1416 of 2019) to rebut/answer/comment on the said status report of the Tahasildar, Bhubaneswar.
3. On this aspect, the propositions of law has already been clarified by the Apex Court in a case between Deepak Ananda Patil Vs. The State of Maharashtra & Others reported in 2023 LiveLaw (SC) 30 at Para No.17 that,
"if the adjudicatory body is going t
Decision without providing a party access to the material relied on violates principles of natural justice, warranting quashing of the order.
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
A party must be afforded the opportunity to be heard before any decision is made, upholding the principles of natural justice and preventing injustice.
The Additional Commissioner cannot delegate his revisional powers to the Tahasildar, violating statutory provisions under the OSS Act, 1958.
The executive must adhere to principles of natural justice, including providing affected parties with relevant material and an opportunity to respond, even in the absence of explicit statutory provis....
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.
The main legal point established is the limitation of the Tahasildar's power in correcting the R.O.R. and map, and the Commissioner's authority to delegate jurisdiction, as well as the need for a lib....
Orders issued without compliance with principles of natural justice are deemed illegal; all parties must be given a chance to be heard.
The Collector lacked jurisdiction to cancel the final R.o.R after seven years, as the opposing party did not pursue the required legal remedies under the OS&S Act.
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