Remanded

Padmabati Padhi v. State of Orissa

Orissa HC17 Aug 2016WP(C)/12913/2016

Case brief

AI extract

What is this about?

This writ petition challenged an appellate order confirming a lower authority's direction to record land in favor of the Government. The Court held that the appellate authority violated the principles of natural justice by failing to issue notice and provide an opportunity of hearing. The order was set aside, and the appeal was remanded for fresh disposal.

What did the court decide?

The impugned order dated 05.09.2013 passed by the Addl. Settlement Officer is set aside. The appeal is remanded to the appellate authority to dispose of the matter afresh after giving a full opportuni

Padmabati Padhi Vs State of Orissa — Orissa HC (2016) — LawSathi Research

¶1

 W.P.(C) NO.12913 OF 2016
17.08.2016

¶2

 Heard learned counsel for the petitioner and learned Addl. Government Advocate.

¶3

2. This Writ Petition has been filed by the petitioner challenging the order dated 05.09.
2013 passed by the Addl. Settlement Officer-cum-Addl. Sub-Collector, Bhubaneswar opposite par
ty no.2 in Appeal No.1757 of 2013 confirming the order dated 12.07.2013 passed by the Asst. Se
ttlement Officer, Rental Colony, Bhubaneswar opposite party no.3 in Objection Case No.7409/66
38 of 2013 directing to record the land appertaining to Khata No.7737 of Mouza Sampur in favo
ur of Government.

¶4

3. Learned counsel for the petitioner submitted that the final Record of Rights in respec
t of Mouza - Sampur has not been published as yet. However, the Asst. Settlement Officer opp
osite party no.3 without giving opportunity to the petitioner to produce the relevant document
s in support of her claim has directed to record the land in question in favour of Government,
 by order dated 12.07.2013 in Objection Case No. 7409/6638 of 2013. Against the said order App
eal No.1757 of 2013 was preferred before Addl. Settlement Officer opposite party no.2. The ap
pellate authority without issuing notice to the petitioner has passed the impugned order confi
rming the order passed by opposite party no.3.

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4. Since the appellate authority has not followed the principles of natural justice and e
quity, this Court while setting aside the impugned order directs opposite party no.2 to dispos
e of the appeal on its own merits afresh after giving opportunity of hearing to the parties. H
owever, it is open to the petitioner to produce relevant documents before the appellant author
ity in support of her claim over the land in question.

¶6

 The Writ Petition is accordingly disposed of.

¶7

Padmabati Padhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Padmabati Padhi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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