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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Gomandir Goshala, Rourkela, Sundargarh – Appellant
Versus
Rourkela Municipal Corporation, Sundargarh – Respondent
| Table of Content |
|---|
| 1. interlinked writ petitions filed by the same petitioner. (Para 1 , 2 , 3) |
| 2. details of contract termination and outstanding dues. (Para 4 , 5) |
| 3. insufficient reasoning for contract termination noted. (Para 6 , 7) |
| 4. petitioner entitled to dues as no misconduct proved. (Para 8) |
| 5. court quashes termination and directs reconsideration. (Para 9) |
JUDGMENT :
1. Heard Mr. Rath, learned counsel for the Petitioner and Mr. Mohapatra, learned counsel for Opposite Party No.1 – Rourkela Municipal Corporation, and Mr. Dash, learned Additional Government Advocate for State-Opposite Party.
3. W.P.(C) No.22944 of 2025 has been filed with the prayer to quash the impugned order of termination of contract dated 25th July 2025 under Annexure-9, and the second writ petition in W.P.(C) No.34578 of 2025 has been filed by the same Petitioner praying for release of the admissible outstanding dues from April, 2025 onwards.
5. Admittedly, the bills of the Petitioner from July 2025 onwards are pending with RMC till date. Clause (v) of the Contract (Annexure- 5) dated 1st March 2025 speaks that, “during submission of the bill, which should be accompanied with bank statement regarding expenditure d
Termination of contracts requires explicit reasons and adherence to principles of natural justice, including the provision of a fair hearing and proper fact-finding.
Termination of a license without a show cause notice or consideration of refundable fees violates natural justice and judicial directives.
The court established that a party can terminate a contract without notice if the other party fails to comply with payment obligations over consecutive periods as stipulated in the agreement.
The main legal point established in the judgment is the interpretation and application of lease and sub-lease agreements, particularly Clause 10 and Clause 23, and the court's assertion of jurisdicti....
Writ petitions in contractual disputes are generally not maintainable if they involve disputed questions of fact.
Non-compliance with lease conditions and non-utilization of allotted land can justify the cancellation of the lease by the authority.
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