Natural justice mandates that no judicial order can be issued against a party without providing an opportunity to be heard, rendering such orders unsustainable.

ORDER :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the final Order dated 22.04.2015 (Annexure-5) passed against them (petitioners) in R.P. No.1242 of 2014 by the Opposite Party No.1 (Additional Commissioner, Settlement & Consolidation Sambalpur).

2. I have already heard from the learned counsel for the petitioners, learned Standing Counsel for the State-Opposite Party Nos.1 to 3 and the learned counsel for the Opposite Party No.4.

3. The petitioners have challenged the impugned order (Annexure-5) passed in R.P. N o.1242 of 2014 by the Opposite Party No.1 on the ground that, the said Order dated 22.04.2015 has been passed by the Opposite Party No.1 without complying the principles of natural justice i.e. without providing an opportunity of being heard to the petitioner, which is well evident from the copy of the Order sheet dated 18.04.2015 of R.P. Case No.1242 of 2014.

4. In order to have a clarity about the details of the Order dated 18.04.2015 passed in R.P. No.1242 of 2014 by the Opposite Party No.1, I thought it proper to place it on record to the said order.

Order

18.04.2015

“Case is taken up today. Advocate for the petitioner is present. Order not ready. Case to 22.04.2015 for Order.

Dictated

Sd/-

Addl. Commissioner

22.04.2015

5. On the basis of the above order dated 18.04.2015, final order in R.P. No.1242 of 2014 was passed by the Opposite Party No.1 on dated 22.04.2014 (Annexure-5) against the Opposite Parties thereof (those are the petitioners in this writ petition).

When it is forthcoming from the Order sheet dated 18.04.2015 and 22.04.2015 respectively passed by the Opposite Party No.1 in R.P. No.1242 of 2014 that, the Opposite Party No.1 has signed both the Orders i.e. Orders dated 18.04.2015 & 22.04.2015 respectively at a time on dated 22.04.2015, then, at this juncture, the grounds taken by the writ petitioners that, the final Order dated 22.04.2015 (Annexure-5) in R.P. No.1242 of 2014 has been passed by the Opposite Party No.1 against the petitioners in this writ without giving any opportunity of being heard to them cannot be not disbelieved.

For which, it is held that, the impugned Order dated 22.04.2015 (Annexure-5) passed in R.P. No.1242 of 2014 by the Opposite Party No.1 without complying the principles of natural justice cannot be sustainable under law.

6. The conclusion drawn above finds support from the ratio of the following decisions:

I. In a case between Uttar Gujarat S.R.V. Sangh Ltd vs M/S. Mehsana Dist. Cent. Co-Op. Bank Ltd & Others reported in 2008 (II) CCC 71 (SC) “When the appellant without getting an opportunity of being heard and/or presenting its case had been saddled with liability, that order is set aside and the matters is remitted back for fresh disposal in accordance with law.” (Para Nos.9 to 11)

II. In a case between Johra & Others Vs. State of Haryana & Others reported in 2019 (I) CCC 12) “No order can be passed by any Court in any judicial proceedings against any party to such proceedings without hearing and giving such party an opportunity of hearing.”

7. When it is held above that, the impugned Order dated 22.04.2015 (Annexure-5) passed in R.P. No.1242 of 2014 cannot be sustainable under law, then, at this juncture, there is justification under law for making intereference with the same through this writ petition filed by the petitioners.

For which, there is merit in the writ of the petitioners. The same must succeed.

8. In the result, the writ petition filed by the petitioners is allowed on contest, but without cost.

The impugned Order dated 22.04.2015 (Annexure-5) pass