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Orissa High Court
Nalini Prava Dash vs State Of Odisha And Others ... Opposite ... on 15 December, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.34786 of 2025
An application under Articles 226 & 227 of the Constitution
of India.
Nalini Prava Dash ... Petitioner.
-VERSUS-
State of Odisha and Others ... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. S.K. Mishra. Advocate.
For the Opposite Parties : Ms. J. Sahoo, Additional
Standing Counsel (for the State).
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
JUDGMENT
Date of hearing : 15.12.2025 / date of judgment : 15.12.2025
A.C. Behera, J. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner praying
for quashing of the impugned order dated 31.12.2024(Annexure-6)
passed in OSS Case No.339 of 2023 by the Additional
Commissioner, Additional Revision Court No.II(Opposite Party
No.2) on the ground that, the impugned order has been passed
against him in dismissing his revision vide OSS Case No.339 of
2023 without giving him an opportunity of being heard.
2. Heard from the learned counsel for the petitioner and the
learned Additional Standing Counsel for the Opposite Parties(State).
3. It appears from the impugned order passed on dated
31.12.2024 vide Annexure-6 in OSS Case No.339 of 2023 by the
Additional Commissioner, Additional Revision Court
No.II(Opposite Party No.2) that, on the date of hearing of the said
revision, i.e., on dated 31.12.2024, the learned counsel for the
petitioner was absent, but, the Additional Commissioner, Additional
Revision Court No.II(Opposite Party No.2) disposed of the said OSS
Case No.339 of 2023 as per Annexure-6 stating that, he had heard
the learned counsel for the petitioner on the previous dates several
times, shows that, on the date of hearing i.e., on dated 31.12.2024,
the Opposite Party No.2 had not heard from the petitioner.
4. It is the submissions of the learned counsel for the petitioner
that, the petitioner is eagerly interested for participating in the
hearing of the revision vide OSS Case No.339 of 2023, if the same is
remitted back to the Opposite Party No.2 for deciding the same
afresh.
5. When, it appears from the impugned order vide Annexure-6
that, the same has been passed by the Opposite Party No.2 without
hearing from the petitioner and as such, when the impugned has
been passed without complying the principles of natural justice, i.e.,
without giving opportunity of being heard to the petitioner only
stating that, his counsel was heard on the previous dates several
times, but, without hearing from him(petitioner) on the date of
hearing, i.e., 31.12.2024, then at this juncture, it is held that, the
impugned order passed on dated 31.12.2024 vide Annexure-6 cannot
be sustainable under law, as the same has been passed without
complying the principles of natural justice.
6. Therefore, there is justification under law for making
interference with the impugned order through this writ petition filed
by the petitioner.
7. As such, there is merit in the writ petition filed by the
petitioner. The same is to be allowed.
8. In result, this writ petition filed by the petitioner is allowed.
The impugned order dated 31.12.2024(Annexure-6) passed in OSS
Case No.339 of 2023 by the Additional Commissioner, Additional
Revision Court No.II (Opposite Party No.2) is quashed.
9. The matter vide OSS Case No.339 of 2023 is remitted back to
the Additional Commissioner, Additional Revision Court No.II
(Opposite Party No.2) for deciding the same afresh as per law after
giving opportunity of being heard to the parties including the
petitioner as expeditiously as possible within a period of three
months from the date of filing of the certified copy of this judgment.
10. The parties of this writ petition are directed to appear in the
court of the Additional Commissioner, Additional Revision Court
No.II (Opposite Party No.2) in OSS Case No.339 of 2023 on dated
09.10.2025 for the purpose of receiving the directions of the
Additional Commissioner, Additional Revision Court No.II
(Opposite Party No.2) and to file certified copy of this judgment as to
further proceedings of the revision vide OSS Case No.339 of 2023.
11. As such, this writ petition filed by the petitioner is disposed of
finally.
(A.C. BEHERA)
Judge
Orissa High Court, Cuttack
The 15th of December, 2025/ Jagabandhu, P.A.
Designation: Personal Assistant
