[Cites 2, Cited by 0]
Orissa High Court
Gokulananda Mahakud vs The Revenue Divisional .... Opposite ... on 1 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.14051 of 2025
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Gokulananda Mahakud .... Petitioner
-versus-
The Revenue Divisional .... Opposite Parties
Commissioner (North Division),
Sambalpur and Others
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. M. Mohapatra,
Advocate.
For Opposite Parties - R. C. Behera,
Advocate. (for O.P. No.4)
Mr. A. K. Pati,
Addl. Standing Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :01.12.2025
A.C. Behera, J. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner challenging
the impugned order dated 04.01.2023 (Annexure-5) passed in Revision
Petition No.111 of 2022 by the Revenue Divisional Commissioner,
Northern Division, Sambalpur (O.P. No.1) on the ground of non-
providing of opportunity of being heard to the petitioner.
2. Heard from the learned counsel for the petitioner, learned counsel
for O.P. No.4 and learned ASC for the State.
3. The case of the petitioner is that, he (petitioner) filed this writ
petition praying for quashing the impugned order dated 04.01.2023
(Annexure-5) passed in Revision Petition No.111 of 2022 by the Revenue
Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) on
the ground that, the said order has been passed without giving any
opportunity of hearing to him (petitioner).
The impugned order, vide Annexure-5 passed by the Revenue
Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1)
does not reveal about the providing of any opportunity of hearing to the
petitioner for passing of such impugned order vide Annexure-5.
4. When, the impugned order vide Annexure-5 does not reveal about
the providing of any opportunity of hearing to the petitioner, then at this
juncture, it is held that, the impugned order has been passed by the O.P.
No.1 violating the principles of natural justice. For which, the impugned
order vide Annexure-5 cannot be sustainable under law.
Therefore, the impugned order dated 04.01.2023 (Annexure-5)
passed in Revision Petition No.111 of 2022 by the Revenue Divisional
Commissioner, Northern Division, Sambalpur (O.P. No.1) is liable to be
quashed.
For which, it is held that, there is merit in the writ petition filed by
the petitioner. The same is to be allowed.
5. In result, the writ petition filed by the petitioner is allowed.
The impugned order 04.01.2023 (Annexure-5) passed in Revision
Petition No.111 of 2022 by the Revenue Divisional Commissioner,
Northern Division, Sambalpur (O.P. No.1) is quashed (set aside).
The matter vide Revision Petition No.111 of 2022 is remitted back
(remanded back) to the Revenue Divisional Commissioner, Northern
Division, Sambalpur (O.P. No.1) to decide the same afresh as per law
within a period of three months from the date of appearance of the parties
in the said Revision Petition No.111 of 2022 after providing opportunity
of being heard to the parties thereof including the petitioner in full
compliance of the principles of natural justice.
6. The parties to this writ petition are directed to appear before the
Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P.
No.1) in Revision Petition No.111 of 2022 on dated 10.12.2025 and to
produce the certified copy of this judgment for the purpose of receiving
the directions of O.P. No.1 as to further proceedings of the said Revision
Petition No.111 of 2022.
7. As such, this writ petition filed by the petitioner is disposed of
Signature Not
finally.
Verified
Digitally Signed
Signed by: UTKALIKA (A.C. Behera),
NAYAK
Reason: Authentication Judge.
Orissa High Court, Cuttack.
Location: High Court of 01.12.2025//Utkalika Nayak//
Orissa, Cuttack Junior Stenographer
Date: 02-Dec-2025
