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Judgment
Ananda Chandra Behera, J
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 21.06.2024 (Annexure-1) passed in OSS Case No.630/2022 by the Addl. Commissioner, Addl. Revision Court No.IV, Bhubaneswar.
Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.
During the course of hearing of this writ petition, the learned counsel for the petitioner contended that, the OSS Case No.630 of 2022 filed by the petitioner has been dismissed on dated 21.06.2024 by the Addl. Commissioner, Addl. Revision Court No.IV, Bhubaneswar without hearing from the petitioner indicating absence of the petitioner. According to him, the petitioner was not noticed for participating in the hearing of the OSS Case No.630/2022. Therefore, the petitioner is eagerly interested for participating in the hearing of the Revision on merit, if the impugned order will be set aside and the matter will be remitted back for its hearing afresh, to which, the learned Addl. Standing Counsel for the State objected.
It appears from the impugned order vide Annexure-1 that, the impugned order has been passed without hearing from the petitioner.
It is the settled propositions of law that, it is the duty of a good Judge to take its best endeavor for the final disposal of a case on merit after giving opportunity of being heard to the parties for no other reason, but only in order to avoid the multiplicity of litigations between the parties, because, the Court should not allow to grow a suit out of a suit, which concerns the welfare of the State.
It is very fundamental in Law that, when the law of technicalities and the courses of substantial justice are pitted against each other, the courses of substantial justice deserves to be preferred.
Here in this matter at hand, when the petitioner is eagerly interested for participating in the hearing of the Revision vide OSS Case No.630 of 2022 on merit praying for remitting back the same for its fresh hearing and when the impugned order vide Annexure-1 has been passed in dismissing the OSS Case No.630 of 2022 filed by the petitioner without hearing from her (petitioner), then, at this juncture, by applying the above principles of law to this matter at hand, it is held that, the ends of justice shall bestly be served, if the impugned order dated 21.06.2024 (Annexure- 1) passed in OSS Case No.630/2022 by the Addl. Commissioner, Addl. Revision Court-IV, Bhubaneswar shall be set aside and the matter vide OSS Case No.630 of 2022 will be remitted back for its hearing afresh after giving opportunity of being heard to the parties, which shall cause prejudice to no party, rather the same shall be in furtherance of rendering substantial justice to both the sides.
Therefore, the writ petition filed by the petitioner is to be allowed.
In result, the writ petition filed by the petitioner is allowed.
The impugned order dated 21.06.2024 vide Annexure-1 passed in OSS Case No.630/2022 by the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar is quashed/set aside.
The matter vide OSS Case No.630/2022 is remitted back to the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar to decide the same afresh as per law after giving opportunity of being heard to the parties thereof and the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar shall dispose of the OSS Case No.630/2022 as per law within a period of 3 months from the date of appearance of the petitioner before the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar.
The petitioner is directed to appear before the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar in OSS Case No.630 of 2022 on dated 12.01.2026 and to file the certified copy of this Judgment for the purpose of receiving the directions of the Addl. Commissioner, Additional Revision Court-IV, Bhubaneswar as to further proceeding of the OSS Case No.630 of 2022.
As such, this writ petition filed by the petitioner is disposed of finally.