SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Ori) 1127

ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA, J.
Satya Narayan Agarwal (Dead) And Others - Petitioners
Versus
Ganesh Ram Agarwal And Others – Respondents
WP(C) No.15839 of 2018
Decided On : 04-07-2025

Advocates Appeared:
For the Petitioner: Mr. Subham Agrawal (In Person)
For the Respondent:Mr. A.P. Bose, Advocate, Mr.Gyanalok Mohanty, S.C.

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.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - O.C.H. and P.F.L. Act, 1972 - Writ petition to quash final order passed by the Additional Commissioner without providing opportunity of hearing - The court found that principles of natural justice were violated as the impugned order showed no indication of hearing the petitioners, specifically Satya Narayan Agarwal - The court cited precedents emphasizing that no order can be made without hearing both parties. (Paras 10 and 9)

(B) Natural Justice - The core principle stipulates that all parties must be given an opportunity to be heard in judicial proceedings; orders passed without adherence to this principle are deemed illegal. (Paras 9 and 10)

Facts of the case:
A writ petition was filed challenging an order dated 25.08.2014 passed by the Additional Commissioner in Revision Case No.1181 of 2014, on the grounds of non-compliance with the principles of natural justice as no hearing was provided to the petitioner. (Paras 1-4)

Findings of Court:
The court found merit in the petition, holding that the impugned order was unsustainable and liable to be quashed due to the violation of natural justice. (Para 10)

Issues: Whether the Additional Commissioner provided an opportunity to the petitioner to be heard before passing the order dated 25.08.2014 and the legality of such an order if the opportunity was not provided. (Paras 4 and 6)

Ratio Decidendi: The court determined that since the Additional Commissioner failed to provide an opportunity for the petitioner to be heard, the order was invalid, consistent with the Apex Court's precedents. (Para 10)

Result: Writ petition allowed; the impugned order was quashed and the matter was remitted back for a fresh decision after hearing both parties. (Paras 12 and 13)

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 :

ANANDA CHANDRA BEHERA, J.

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.

2. The Opposite Party No.1 in this writ petition i.e. Ganesh Ram Agarwal was the Petitioner in Revision Case No.1181 of 2014 and the Petitioner No.1 in this writ petition i.e. Satya Narayan Agarwal was the Opposite Party in that Revision Case No.1181 of 2014 under Section 37 (1) of the O.C.H. and P.F.L. Act, 1972 before the Additional Commissioner, Settlement and Consolidation, Sambalpur (O.P. No.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.

4. The Petitioner Satya Narayan Agarwal filed this writ petition challenging the final order dated 25.08.2014 (Annexure-2) passed in Revision Case No.1181 of 2014 by the O.P. No.2 praying for quashing the same on the ground that, the said impugned order vide Annexure-2 has been passed by the Additional Commissioner, Settlement and Consolidation, Sambalpur (O.P. No.2) without giving any opportunity of being heard to him.

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 O.P. Nos.2 and 3.

6. During the course of hearing, it was contended on behalf of the Petitioners that, the impugned order dated 25.08.2014 (Annexure-2) passed by the Additional Commissioner, Settlement and Consolidation, Sambalpur (O.P. No.2) itself is going to show about the non-compliance of the principles of natural justice. Because, there is no indication/reflection in anywhere in the said impugned order dated 25.08.2014 (Annexure-2) about giving any opportunity of hearing to the Opposite Party of that Revision Case No.1181 of 2014 i.e. Satya Narayan Agarwal, to which, the learned standing counsel for the O.P. Nos.2 and 3 did not dispute seriously, as, there is no reflection in the impugned order dated 25.08.2014 (Annexure-2) about giving any opportunity of being heard to the Opposite Party of that Revision Case No.1181 of 2014 i.e. Satya Narayan Agarwal.

Whereas, the learned counsel Mr. A.P. Bose for the O.P. No.1 vehemently objected to the aforesaid contentions raised on behalf of the Petitioners by filing the order-sheets dated 11.06.2014 and 07.07.2014 of Revision Case No.1181 of 2014, copy of the impugned order vide Annexure-2 and copy of the notices of the Revision Case No.1181 of 2014 contending that, when in spite of receiving the notice in Revision Case No.1181 of 2014, the O.P. thereof i.e. Satya Narayan Agarwal did not chose to participate in the hearing of the Revision Case No.1181 of 2014, for which, the Revision Case No.1181 of 2014 was heard only from the learned counsel for the Petitioner thereof, to which, it cannot be held that, the impugned order vide Annexure-2 has been passed by the O.P. No.2 without giving any opportunity of being heard to the O.P. of that Revision Case No.1181 of 2014. For which, according to him (according to the learned counsel for the O.P. No.1), the question of quashing the impugned order vide Annexure-2 does not arise.

Nowhere, there is any indication in the impugn

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top