Ayushman Singh Lohar vs Sita Dura & Others
2023 Latest Caselaw 6087 Ori

                                    .
                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.15531 of 2023

                 Ayushman Singh Lohar                   ....              Petitioner
                                                      Mr. P.C. Chhinchani, Advocate


                                           -versus-

                 Sita Dura & others                     ....      Opposite Parties


                                          CORAM:

                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  16.05.2023

    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard Mr. P.C. Chhinchani, learned counsel appearing for the petitioner. Perused the writ petition as well as impugned order No.28 dated 18.04.2023 passed by the learned District Judge-cum-M.A.C.T., Malkangiri in MAC Case No.01/2022.

3. The present writ application has been filed by the Petitioners with the following prayer:-

"Under the above facts and circumstances, this Hon'ble Court may be graciously pleased to set aside the impugned order at Annexure-2 and further be pleased to allow the petition filed U/o.XI, Rule-14 r/w Section-151 by directing the learned court below to issue summons to the official witnesses as prayed therein;

And/or any other order(s) as deemed fit and proper // 2 //

may be passed in the facts of the case."

4. It is submitted by learned counsel for the Petitioner that in the pending MAC case, the learned counsel for the Petitioner filed an application U/o.XI, Rule-14 r/w Section-151 of the Code of Civil Procedure, 1908. Although the application was accepted by the learned Court below, the learned Court below by passing a non-speaking order has disposed of the writ application vide impugned order dated 18.04.2023. On a perusal of the impugned order annexed to the writ application at page-11 under Annexure-2, it appears the application has been rejected to the following order:-

"Heard. It is rejected."

This Court is sought to see such order where no reason has been ascribed by the trial court while disposing of an application. It has been held a catena of judgments and almost in the settled position of law that the reasons are sole of the order. Therefore, every authority is required to give reasons while passing any order. Further, it is also observed that it is not the quantity of the reason but the substance that matters. Therefore, when taking a decision in the Judicial Proceeding Judicial Officers are required to give reasons while passing orders.

5. On perusal of the impugned order this Court is not satisfied with the manner in which has been disposed of accordingly the impugned order dated 18.04.2023 under Annexure-2 is hereby set aside. The matter is remanded back to the court below to the learned District Judge-cum-M.A.C.T., Malkangiri to reconsider the matter after providing an opportunity to both sides and pass necessary final order in the matter.

6. The Petitioner is directed to approach the learned District Judge- cum-M.A.C.T., Malkangiri on production of the certified copy of this order and parties will be noticed and every endeavor shall be made to // 3 //

dispose of the writ application U/o.XI, Rule-14 within four weeks thereafter by passing a speaking order.

7. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-May-2023 10:25:57