The Court set aside an order passed without hearing and remanded the matter for a fresh hearing before the Settlement Officer, disposing of associated miscellaneous cases.
Impugned order under Annexure-4 set aside; matter remitted to Settlement Officer for fresh hearing of the appeal; pending miscellaneous cases disposed.
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W.P. (C) No.16008 of 2016
26.10.2016
Heard.
During course of argument, learned counsel for the petitioner submits that the impugne
d order under Annexure-4 to this petition has been passed without giving opportunity of hearin
g to the appellant and even going to the merit of the case. As the petitioner has a statutory
right of appeal, in the interest of justice, the appeal should have been decided on merit prov
iding opportunity of hearing to the petitioner.
Considering the above, while setting aside the impugned order under Annexure-4 to this
petition, this Court remits the matter back to the Settlement Officer for fresh hearing of th
e appeal involving the appellant.
In view of disposal of this petition, all the pending Misc. Cases arising out of this
petition stand disposed of accordingly.
Biswanath Rath, J.
2
1 issue framed by the court
Whether the impugned order passed without giving opportunity of hearing to the appellant should be set aside and the matter remanded for fresh hearing.
unknown
unknown
Biswanath Rath
As recorded by the court registry
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