Kulu Charan Nayak Vs Addl.Commissioner,Settlement

Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the order dated 26.11.2015 (Annexure-5) passed in S.R.P. Case No.656 of 2013 by the Addl. Commissioner, S & C, Berhampur (O.P. No.1) on the ground of non-compliance of the principles of natural justice stating that, the O.P. No.3 in S.R.P. Case

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No.656 of 2013 (petitioner No.2 in this writ petition) was neither noticed

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nor he (O.P. No.3) was provided with any opportunity of hearing.

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2 . I have already heard from the learned senior counsel for the petitioners, learned counsel for O.P. No.5 and learned Addl. Standing Counsel for the State.

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3 . During the course of hearing of this writ petition, the learned Senior Counsel for the petitioners submitted that, the petitioners were the O.P. Nos.2 to 4 in S.R.P. Case No.656 of 2013 before the Addl. Commissioner, S & C, Berhampur (O.P. No.1) and the said S.R.P. Case No.656 of 2013 was disposed of finally as per the impugned order dated 26.11.2015 (Annexure-5) against the Opp. Parties thereof including the O.P. No.3 of that S.R.P. No.656 of 2013 without giving any opportunity

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of being heard to him (O.P. No.3 of that S.R.P. Case No.656 of 2013, petitioner No.2 in this writ petition).

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4 . Learned counsel for O.P. No.5 also did not dispute to the aforesaid submissions of the learned Senior Counsel for the petitioners, because, the impugned order (Annexure-5) does not reveal about the service of notice in S.R.P. Case No.656 of 2013 on the O.P. No.3 or providing any opportunity of being heard to the said O.P. No.3 in S.R.P. No.656 of 2013, who is the petitioner No.2 in this writ petition.

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5 . So, taking the aforesaid factual aspects i.e. non-service of notice on the O.P. No.3 in S.RP. No.656 of 2013 (petitioner No.2 in this writ petition) and passing of the impugned order vide Annexure-5 by the Addl. Commissioner, S & C, Berhampur (O.P. No.1) without giving opportunity of being heard to O.P. No.3 in S.R.P. Case No.656 of 2013 (petitioner No.2 in this writ petition) and without complying the principles of natural justice, it is held that, the impugned order dated 26.11.2015 (Annexure-5) passed in S.R.P. Case No.656 of 2013 by the Addl. Commissioner, S & C, Berhampur (O.P. No.1) is not sustainable under law. For which, the same is liable to be quashed.

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Therefore, there is merit in this writ petition filed by the petitioners. The same is to be allowed.

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6 . In result, the writ petition filed by the petitioners is allowed.

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The impugned order dated 26.11.2015 (Annexure-5) passed in S.R.P. Case No.656 of 2013 by the Addl. Commissioner, S & C, Berhampur (O.P. No.1) is quashed (set aside).

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The matter vide S.R.P. Case No.656 of 2013 is remitted back (remanded back) to the Addl. Commissioner, S & C, Berhampur (O.P. No.1) for deciding the same afresh as per law after giving opportunity of being heard to the parties thereof complying the principles of natural justice as expeditiously as possible within a period of two months from

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the date of appearance of the parties before the Addl. Commissioner, S &

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C, Berhampur (O.P. No.1) in S.R.P. Case No.656 of 2013.

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The parties in this writ petition are directed to appear before the

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Addl. Commissioner, S & C, Berhampur (O.P. No.1) in S.R.P. Case No.656 of 2013 on 20.11.2025 for the purpose of receiving the directions of the Addl. Commissioner, S & C, Berhampur (O.P. No.1) as to further proceedings of the S.R.P. Case No.656 of 2013.

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