*** vs State Of Odisha & Others
2025 Latest Caselaw 10944 Ori

Orissa High Court

*** vs State Of Odisha & Others on 2 December, 2025

                 ORISSA HIGH COURT : CUTTACK




                     WP(C) No.33500 of 2025




An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Sri Bhagaban Sethy ... Petitioner.

-VERSUS-

State of Odisha & Others ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. B. Behera, Advocate

For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.

P R E S E N T:

HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 02.12.2025 :: Date of Judgment : 02.12.2025

J UDGMENT

ANANDA CHANDRA BEHERA, J.--

1. This writ petition under Article 226 and 227 of the

Constitution of India, 1950 has been filed by the petitioner

praying for quashing the impugned order dated 05.10.2022

(Annexure-1 series) passed in Appeal Case No.843 of 2014 by

the Addl. Sub-Collector-cum-Addl. Settlement Officer,

Bhubaneswar (Opp. Party No.3).

2. It appears from the order sheets vide Annexure-1 that,

the Appeal Case No.843 of 2014 was heard by the Settlement

Officer, Cuttack and thereafter, the same was transferred to

the Opp. Party No.3, but the Opp. Party No.3 without hearing

from the parties passed the impugned order on dated

05.10.2022 rejecting the Appeal Case No.843 of 2014 of the

petitioner reflecting therein, the appeal was heard by the

Settlement Officer. For which, the petitioner challenged the

impugned order by filing this writ petition praying for

quashing the same.

3. I have already heard from the learned counsel for the

petitioner and the learned Addl. Standing Counsel for the

State.

4. The law on this aspect has already been clarified by the

Apex Court in the ratio of the following decisions:

In a case between Gullapalli Nageswara Rao and Others Vs. Andhra Pradesh State Road Transport and Another reported in AIR 1959 (SC) 308 and Surendra Singh & Others Vs. State of U.P. reported in AIR 1954 (SC) 194 that, if one person hears the parties and another person decides the case, then, such decision is against the basic principles of judicial procedure and natural justice.

Here in this matter at hand, the impugned order under

challenge has been passed by the Add. Sub-Collector,

Bhubaneswar without hearing from the parties but on the

basis of the hearing by the Settlement Officer. For which, it is

held that, the impugned order has been passed by the Opp.

Party No.3 in violation of the principles of natural justice.

5. When it is held that, the impugned order has been

passed in violation of the principles of natural justice, then, at

this juncture, by applying the principles of law enunciated by

the Apex Court in the ratio of the above decision to the

impugned order dated 05.10.2022 passed in Appeal Case

No.843 of 2014 by the Opp. Party No.3, it is held that, the

impugned order dated 05.10.2022 passed in Appeal Case

No.843 of 2014 by the Opp. Party No.3 is not sustainable

under law, then, at this juncture, the same is liable to be

quashed.

As such, there is merit in the writ petition filed by the

petitioner. The same is to be allowed.

6. In result, the writ petition filed by the petitioner is

allowed.

7. The impugned order dated 05.10.2022 passed in Appeal

Case No.843 of 2014 by the Opp. Party No.3 is quashed/set

aside.

The matter vide Appeal Case No.843 of 2014 is remitted

back to the Settlement Officer, Jobra, Cuttack to decide the

same afresh as per law after giving opportunity of being heard

to the parties thereof and the Settlement Officer, Jobra,

Cuttack shall dispose of the Appeal Case No.843 of 2014

within a period of one month from the date of appearance of

the petitioner before the Settlement Officer, Jobra, Cuttack.

8. The petitioner is directed to appear before the Settlement

Officer, Jobra, Cuttack in Appeal Case No.843 of 2014 on

dated 23.12.2025 and to file the certified copy of this

Judgment for the purpose of receiving the directions of the

Appeal Case No.843 of 2014 as to further proceeding of the

Appeal Case No.843 of 2014.

9. As such, this writ petition filed by the petitioner is

disposed of finally.

(ANANDA CHANDRA BEHERA) JUDGE

High Court of Orissa, Cuttack The 02 .12. 2025// Rati Ranjan Nayak Sr. Stenographer