Writ petition challenging an order passed without considering the petitioner's show cause notice. Court set aside the order and directed fresh hearing.
Impugned order set aside; petitioner directed to appear for fresh hearing to fix date for personal hearing.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.9303 of 2018
Association for Development …. Petitioner Initiative (ADI)
Mr. P.K. Rath, Advocate
- versus -
State of Odisha & Others
…. Opp. Parties Mr. A.K. Parija, Advocate General
Mr. B.K. Sharma, Advocate (for opposite party no.2)
Order No.
CORAM:
JUSTICE BISWAJIT MOHANTY
ORDER
27.08.2021
This matter is taken up through Video Conferencing
Mode.
Heard Mr. P.K. Rath, learned counsel for the petitioner,
Mr. A.K. Parija, learned Advocate General and Mr. B.K.
Sharma, learned counsel for opposite party no.2.
Mr. Parija submits that since the main grievance of the petitioner is that the impugned order dated 19.5.2018 under Annexure-1 has been passed without considering the show cause filed by the petitioner thereby violating the principles of natural justice; the authorities more particularly opposite party no.2 is now prepared to give the petitioner a fresh opportunity of hearing vis-à-vis the show cause filed by it and accordingly, prays the matter may be disposed of.
Considering such submissions, the impugned order dated 19.5.2018 under Annexure-1 is set aside and the petitioner is directed to appear before the Programme
// 2 //
Director, Odisha Particularly Vulnerable Tribal Groups Empowerment & Livelihood Improvement Programme, ST & SC Development, Minorities & Backward Classes Welfare Department (opposite party no.2) either physically or through Video Conferencing Mode on 3.9.2021, who in turn is directed to fix a date for giving personal hearing to the petitioner vis-à-vis its show cause. Upon completion of such hearing, opposite party no.2 is directed to pass the final order in accordance with law.
The writ application is accordingly disposed of.
Issue urgent certified copy of this order on proper application.
amit
(Biswajit Mohanty)
Judge
Page 2 of 2
3 issues framed by the court
Whether the order passed without considering the petitioner's show cause notice violates natural justice?
Whether the petitioner should be granted a fresh opportunity of hearing?
How should the final order be passed after the hearing is completed?
Association for Development Initiative (ADI)
State of Odisha
Programme Director, ST & SC Development
Biswajit Mohanty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
