Partly allowed

Shakeel Ahmed Khan v. State of Odisha

Orissa HC4 Jan 2017WP(C)/15801/2016

Case brief

AI extract

What is this about?

This High Court quashed an impugned order that lacked reasoning in disallowing the petitioner's case. The matter was remanded to the Commissioner, Consolidation to re-adjudicate, pass a reasoned order after providing a hearing opportunity, and dispose of the Settlement Revision Petition.

What did the court decide?

The ex parte order in Annexure-1 is set aside and the matter remanded to the Commissioner, Consolidation to re-adjudicate and pass a reasoned order.

Shakeel Ahmed Khan Vs State of Odisha — Writ and Judicial Review | Orissa HC (2017)

¶1

W.P.(C) NO.15801 OF 2016

¶2

4.1.2017

¶3

 Heard Sri A.K.Mohapatra, learned counsel for the petitioner, and Sri Sahoo, learned
 Additional Standing Counsel for the opposite parties.

¶4

 The sole grievance raised by the learned counsel for the petitioner in assailing th
e impugned order in Annexure-1 is that the impugned order only de horce the case of the petiti
oner and verification of some documents by the Commission, Consolidation, Bhubaneswar and it h
as no discussion or reason in disallowing the case.
 Perusal of the impugned order at Annexure-1 clearly establishes the allegation of t
he petitioner. This Court finds, there is absolutely no discussion or finding arrived at by th
e Commissioner, Consolidation.

¶5

 Under the circumstance, the order under Annexure-1 cannot be sustainable. However,
since a reasoned order is required to be passed in deciding the Settlement Revision Petition N
o.81/2009, this Court while setting aside the Annexure-1 remanded the matter to the Commission
er, Consolidation to re-adjudicate the proceeding, vide Settlement Revision Petition No.81/200
9 and dispose of the matter by giving reasons and after giving opportunity of hearing to the p
etitioner.

¶6

 The writ petition stands disposed of.
 Issue urgent certified copy.

¶7

Shakeel Ahmed Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shakeel Ahmed Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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