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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Satya Narayan Agarwal (Dead) – Appellant
Versus
Ganesh Ram Agarwal – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition and parties involved. (Para 1 , 2 , 3) |
| 2. challenge to the impugned order on natural justice grounds. (Para 4 , 6 , 7) |
| 3. court's analysis on compliance of natural justice. (Para 5 , 8 , 9 , 10) |
| 4. ruling and consequences of quashing the order. (Para 11 , 12 , 13 , 14) |
| 5. final orders and directions for further proceedings. (Para 15 , 16 , 17) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioners against the Opposite Parties praying for quashing (setting aside) the final order dated 25.08.2014 (Annexure-2) passed in Revision Case No.1181 of 2014 by the Additional Commissioner, Settlement and Consolidation, Sambalpur (O.P. No.2) and the R.o.R. vide Annexure-3, which has been prepared on the basis of Annexure-2.
3. When, during the pendency of this writ petition, the Petitioner Satya Narayan Agarwal (who was the O.P. in the Revision Case No.1181 of 2014) expired, then in his place, his LRs i.e. 1(A) to 1(E) have been substituted.
5. I have already heard in person from the side of the Petitioners, the learned counsel for the O.P. No.1 and the learned Standing Counsel for
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.
Natural justice mandates that no judicial order can be issued against a party without providing an opportunity to be heard, rendering such orders unsustainable.
Orders issued without compliance with principles of natural justice are deemed illegal; all parties must be given a chance to be heard.
Violation of natural justice principles necessitates judicial intervention, allowing a writ petition despite alternative remedies.
Orders passed without compliance with natural justice principles are unsustainable and subject to quashing for re-evaluation and proper hearing.
A party must be afforded the opportunity to be heard before any decision is made, upholding the principles of natural justice and preventing injustice.
An order made by a quasi-judicial authority must be reasoned and provide reasonable notice to affected parties, failure to comply vitiates the order.
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