Dismissed

Prahallad Lenka v. State of Odisha

Orissa HC1 Jun 2023WP(C)/17733/2023

Case brief

AI extract

What is this about?

This petition challenged a demand notice issued without a prior opportunity to file a show-cause reply. The Court held the notice illegal for violating natural justice, set it aside, and directed authorities to issue a fresh notice, allowing document inspection, and specify timelines for a hearing and final order.

What did the court decide?

The demand notice dated 13.04.2023 was set aside. Direction to issue fresh notice within one week and complete hearing process within subsequent weeks.

Prahallad Lenka Vs State of Odisha — Orissa HC (2023) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.17733 of 2023

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Prahallad Lenka

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Petitioner

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Mr. Subir Palit, Sr. Advocate along with Mr. A. Kejriwal, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties

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Mr. J.P. Pattnaik, GA

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
JUSTICE M.S. RAMAN
ORDER
01.06.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).

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Heard Mr. Subir Palit, learned Senior Advocate appearing for the Petitioner and Mr. J.P. Pattnaik, learned Government Advocate.

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This writ petition has been filed by the PetitionerPrahallad Lenka challenging the demand notice dated 13.04.2023 under Annexure-7 with further prayer to direct the Opposite Party No.2 to provide all the documents to the Petitioner in relation to the survey alluded to in the demand notice dated 13.04.2023 (Annexure-7).

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Mr. Subir Palit, learned Senior Counsel appearing for the Petitioner submitted that since the demand notice dated 13.04.2023 under Annexure-7 was passed

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without giving any opportunity to the Petitioner to file his show-cause reply, the same is illegal and non-east in the eye of law.

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Mr. J.P. Pattnaik, learned Government Advocate appearing for the State fairly submits that notice shall be issued to the Petitioner within a period of one week from today by giving an opportunity to the Petitioner to file show-cause reply and if any document is sought for by the Petitioner, the same shall also be supplied to him.

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Considering the above submissions of the learned counsel for the Parties, this Court is satisfied that the impugned demand notice dated 13.04.2023 cannot be sustained for want of adherence to the principles of natural justice. This Court, therefore, sets aside the order of demand under Annexure-7 and directs that in case notice is given to the Petitioner within a period of one week from today, the Petitioner will verify the same and if any document is required, the same shall be sought for within a period of two weeks thereafter, against which he will file a detailed show-cause reply within a period of four weeks from the date of receipt of the documents. On receipt of the detailed show-cause reply, the Tahasildar, Dharmasala, Opposite Party No.2 shall pass a speaking order in accordance with law within a period of four weeks from the date of receipt of the show-cause reply after giving opportunity of hearing to the parties concerned and communicate the order to the Petitioner.

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Page 2 of 3

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// 3 //

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If the Petitioner fails to file the show-cause reply within the stipulated period of time, Opposite Party No.2 is at liberty to pass necessary order in accordance with law afresh.

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

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Let a free copy of the order be handed over to the learned counsel for the State.

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

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MRS/Laxmikant

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(S.K. Sahoo)
Vacation Judge
(M.S. RAMAN)
Vacation Judge

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 01-Jun-2023 17:37:43

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Page 3 of 3

Prahallad Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prahallad Lenka 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

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