Partly allowed

Raghunath Sahoo v. State of Orissa

Orissa HC16 Sept 2016WP(C)/5649/2016

Case brief

AI extract

What is this about?

The High Court held that an appeal was disposed of via a non-speaking order without an opportunity of hearing. The court set aside the impugned order and remanded the matter to the Addl. Settlement Officer for a rehearing. The writ petition was disposed of with these directions.

What did the court decide?

Set aside the order dated 05.9.2013 (Annexure-7). Remand matter to Addl. Settlement Officer for rehearing and reasoned order. Writ petition disposed of.

Raghunath Sahoo Vs State of Orissa — Civil Procedure and Limitation | Orissa HC (2016)

¶1

W.P.(C). No. 5649 of 2016

¶2

16.9.2016

¶3

Heard Mr.B.Sahoo-1, learned counsel for the petitioner and Mr.K.K.Mishra, learned Addi
tional Government Advocate for the State-Opp. parties.

¶4

 Considering the rival contention of the parties and looking to the allegation made by
the learned counsel appearing for the petitioner that without hearing, the final order dated 0
5.9.2013 has been passed in the appeal on just perusal of the memorandum of appeal, this Court
 finds that the appeal has been disposed of without affording an opportunity of hearing to the
 appellant therein. The order also appears to be non-speaking one.

¶5

 Under the circumstances, this Court sets aside the order passed under Annexure-7 and r
emits the matter back to the Addl. Settlement Officer-cum-Addl. Sub-Collector, Bhubaneswar to
rehear the Appeal Case No.1700/13 and pass appropriate reasoned order after affording opportun
ity of hearing to the appellant.

¶6

 Writ petition stands disposed of with the observation and direction made herein above.
 Urgent certified copy of this order be granted on proper application.

¶7

 Biswanath Rath, J.

Raghunath Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

Raghunath Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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