Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Sakuntala Chanda @ Rana – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition challenging a non-speaking order. (Para 1 , 3) |
| 2. judicial orders require reasoning to be sustainable. (Para 4 , 5) |
| 3. impugned order deemed not sustainable. (Para 6) |
| 4. writ petition allowed, order quashed. (Para 7 , 8 , 9) |
JUDGMENT :
This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 20.02.2025 (Annexure-7) passed by the Sub-Collector, Puri (O.P. No.3) in Mutation Appeal Case No.79 of 2024 on the ground that, the said impugned order dated 20.02.2025 (Annexure-7) has been passed by the Sub-Collector, Puri (O.P. No.3) without application of mind and without any reason.
3. In order to bring the impugned order (Annexure-7) into picture, I thought it proper to place the same on the record, which is as follows:-
The case is put up today after receipt of the LCR. Perused the order passed by the Mutation Officer on dt.29.07.2022 in Mutation Case No.2235/2022. Gone through the petition filed by the appellant against the impugned order passed by the Mutation Officer in Mutation Case No.2235/2022.
The Mutation Officer (Addl. Tahasildar, Puri) is directed to giv
Judicial orders must include reasoning; a non-speaking order violates principles of natural justice and is not sustainable under law.
Writ petitions can be maintained despite alternate remedies if government officials act contrary to law, emphasizing the necessity of adherence to procedural standards in administrative decisions.
A non-speaking order lacks reasoning and cannot be sustained in law; property mutations require consent from all co-sharers or a court decree.
Judicial orders must be reasoned and non-cryptic; failure to do so contravenes the principles of natural justice.
Petitioner must seek revision against a Sub-Collector's order instead of filing a writ petition; limitation provisions apply favorably due to the petitioner’s bona fide mistake.
The main legal point established in the judgment is that the cancellation of a mutation must adhere to the principles of natural justice and statutory provisions, and the authority reviewing the muta....
Orders passed without compliance with natural justice principles are unsustainable and subject to quashing for re-evaluation and proper hearing.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
