Bina Behera v. State of Odisha
Case brief
What is this about?
The Court quashed an order passed by the Sub-Collector, Bhadrak, without hearing the petitioner, as it violated principles of natural justice. The matter was remitted for afresh disposal after notifying all parties within 6 months.
What did the court decide?
Quashed impugned order. Remitted to Sub-Collector, Bhadrak for afresh disposal after notice; no coercive action till disposal; reasoned order required within 6 months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) NO.13475 of 2018
03. 13.08.2018
Heard.
The impugned Order vide Annexure-3 shows that, the petitioner was not heard at the time of final disposal of the case by the Sub-Collector, Bhadrak. He has passed an order by perusing the records of the case.
It is well settled in law that, non-keeping a party noticed about the day to day posting of the case is violation of principles of natural justice. Similarly, the matter should not have been disposed of without noticing and hearing the aggrieved party.
Regard being had to the facts and submissions, the matter is remitted back to the SubCollector, Bhadrak for disposal afresh, after noticing all the parties concerned. The factum of service of notice on all the parties be there on the record of the case for future reference, if any.
The matter be disposed of by reasoned order within a period of six months from the date of appearance of all the parties concerned.
The impugned Order vide Annexure- 3 is accordingly quashed and the matter is remitted back to the learned authority below.
No coercive action shall be taken against the petitioner till disposal of the matter on remand.
Issues for consideration
2 issues framed by the court
Whether an order passed without hearing the petitioner is liable to be quashed for violation of principles of natural justice?
Whether the matter should be remitted back to the Sub-Collector for afresh disposal after serving notice?
Parties & counsel
- petitioner
Petitioner
- respondent
Sub-Collector, Bhadrak
Coram
C.R. Dash
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court