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ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Balabhadra Kak – Appellant
Versus
Additional Commissioner, Settlement, Consolidation, Sambalpur – Respondent
| Table of Content |
|---|
| 1. writ petition initiation and jurisdiction. (Para 1) |
| 2. challenge to order based on natural justice. (Para 2 , 3) |
| 3. details of order issuance and implications. (Para 4 , 5) |
| 4. judicial precedent on hearing requirements. (Para 6) |
| 5. outcome and directives for re-hearing. (Para 7 , 8 , 9 , 10) |
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 t
Natural justice mandates that no judicial order can be issued against a party without providing an opportunity to be heard, rendering such orders unsustainable.
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.
Violation of natural justice principles necessitates judicial intervention, allowing a writ petition despite alternative remedies.
Orders issued without compliance with principles of natural justice are deemed illegal; all parties must be given a chance to be heard.
Orders passed without compliance with natural justice principles are unsustainable and subject to quashing for re-evaluation and proper hearing.
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