Allowed

Shanti @ Shantilata Singh v. State of Odisha

Orissa HC8 Mar 2021WP(C)/7139/2021

Case brief

AI extract

What is this about?

The petitioner challenged the eviction order passed by the Collector without an opportunity of hearing or a reasoned order. The single-judge court allowed the writ petition, quashed the unreasoned order, and remitted the matter to the Collector for a reasoned disposal after affording the petitioner a hearing.

What did the court decide?

The impugned order dated 28.01.2021 under Annexure-4 is quashed, and the matter is remitted to the Collector for disposal on merit with a reasoned order after hearing the petitioner.

Shanti @ Shantilata Singh Vs State of Odisha — Writ and Judicial Review | Orissa HC (2021)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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W.P.(C) No.7139 of 2021

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Shanti @ Shantilata Singh … Petitioner - Versus - State of Odisha & others … Opp. Parties

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O R D E R

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08.03.2021

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Heard learned counsel for the petitioner.

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This writ petition has been filed by the petitioner seeking quashment of the order dated 28.01.2021 passed by the Collector, Jajpur in Encroachment Revision Case No.5/2019 under Annexure-4 and the consequential order of SubCollector, Jajpur under Annexure-3 directing her eviction from the land recorded in the name of Government of Odisha vide Plot No.21 appertaining to Khata No.23 of Mouza-Babujanga Bazar under Dhanamandal Tahasil in the district of Jajpur.

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The case of the petitioner is that without giving her an opportunity of hearing and that too without assigning any reason, the revision was disposed of on merit and as such, the same is liable to be quashed.

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As it appears, the Opposite Party No.2Collector, Jajpur has disposed of the aforesaid revision without the reasoned order.

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Considering the aforesaid facts and submissions made, this Court allows this writ petition and quash the impugned order under Annexure-4 and the matter is remitted back to the Collector, Jajpur for disposal on merit with a reasoned order, giving opportunity of hearing to the petitioner. The petitioner is directed to appear before the Collector, Jajpur on the date to be fixed by the Collector for hearing the revision either in person or through her counsel and put forth her claim.

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It is made clear that if the petitioner or her counsel does not appear in the aforesaid case on the date fixed for hearing, there is no impediment of the Collector to proceed in the revision in the manner known to law in her absence. The certified copy of this order must be produced by the petitioner before the Collector within ten days hence.

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With the aforesaid order, the writ petition stands disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S.Pujahari, J.

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RKS

Shanti @ Shantilata Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shanti @ Shantilata Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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