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Judgment
A.C. Behera, J
This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner challenging the impugned order dated 04.01.2023 (Annexure-5) passed in Revision Petition No.111 of 2022 by the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) on the ground of non-providing of opportunity of being heard to the petitioner.
Heard from the learned counsel for the petitioner, learned counsel for O.P. No.4 and learned ASC for the State.
The case of the petitioner is that, he (petitioner) filed this writ petition praying for quashing the impugned order dated 04.01.2023 (Annexure-5) passed in Revision Petition No.111 of 2022 by the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) on the ground that, the said order has been passed without giving any opportunity of hearing to him (petitioner).
The impugned order, vide Annexure-5 passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) does not reveal about the providing of any opportunity of hearing to the petitioner for passing of such impugned order vide Annexure-5.
When, the impugned order vide Annexure-5 does not reveal about the providing of any opportunity of hearing to the petitioner, then at this juncture, it is held that, the impugned order has been passed by the O.P. No.1 violating the principles of natural justice. For which, the impugned order vide Annexure-5 cannot be sustainable under law.
Therefore, the impugned order dated 04.01.2023 (Annexure-5) passed in Revision Petition No.111 of 2022 by the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) is liable to be quashed.
For which, it is held that, there is merit in the writ petition filed by the petitioner. The same is to be allowed.
In result, the writ petition filed by the petitioner is allowed.
Petition No.111 of 2022 by the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) is quashed (set aside).
The impugned order 04.01.2023 (Annexure-5) passed in Revision
The matter vide Revision Petition No.111 of 2022 is remitted back (remanded back) to the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) to decide the same afresh as per law within a period of three months from the date of appearance of the parties in the said Revision Petition No.111 of 2022 after providing opportunity of being heard to the parties thereof including the petitioner in full compliance of the principles of natural justice.
The parties to this writ petition are directed to appear before the Revenue Divisional Commissioner, Northern Division, Sambalpur (O.P. No.1) in Revision Petition No.111 of 2022 on dated 10.12.2025 and to produce the certified copy of this judgment for the purpose of receiving the directions of O.P. No.1 as to further proceedings of the said Revision Petition No.111 of 2022.
As such, this writ petition filed by the petitioner is disposed of finally.