Swayam Shree Padmapur Mission Shakti Federation And Others vs State Of Odisha And Others

A.C. Behera, J

Since, all these four I.As. were heard analogously on dated 21.04.2026 relating to the same matter, then, all these four I.As. are taken up together for their final decision through this common judgment.

In I.A. Nos.6985 of 2026, 7332 of 2026 and 7203 of 2026, the respective petitioners thereof have made same prayer in order to direct the Opposite Parties and/or the Registry to supply the copies of the notings of the Government kept in the sealed cover submitted by the learned Advocate General of Odisha during the course of hearing on dated 08.04.2026(corrected as per Order No.9 dated 16.04.2026) in order to give them(petitioners) opportunity to file reply to the said notings of the Government after the service/supply of the copies thereof in further support of their contentions and to pass any other order/direction as the Court deems fit and proper.

I.A. No.7330 of 2026 has been filed by the petitioners thereof praying for recalling the Order No.8 dated 08.04.2026 passed in respect of the notings of the Government kept in the sealed cover and to hear I.A. No.6985 of 2026 in respect of the prayers made therein by the petitioners.

It is the case of the petitioners in their I.As. on the basis of Order No.8 dated 08.04.2026 that, when during the course of hearing of the writ petitions(from which, these I.As. have arisen), the learned Advocate General of Odisha submitted certain notings of the Government in a sealed cover relating to the matters of the writ petitions and when, the said sealed cover was opened and perused by the Court and again the said notings were kept in that cover and re-sealed and handed over to the Secretary of the Court for its safe custody in order to peruse the same only by the Court, if the same is required and when, the said notings of the Government are directly related to the subject matter of the writ petitions and when, the said notings were submitted by the Opposite Party/State to substantiate and support its stands in the writ petitions, then, non-disclosure of the said notings to the petitioners is a grave violation of the principles of natural justice, more particularly, violation of audi alteram partem and when, the petitioners have been denied with an opportunity to understand, examine and effectively rebut the contents of the said notings of the Government kept in the sealed cover, then the rights of the petitioners to have a fair hearing in the writ petitions have become illusory.

For which, they(petitioners) filed these I.As. to recall/modify Order No.8 dated 08.04.2026 and to direct the Opposite Parties and / or the Registry to supply the copies of the notings of the Government kept in the sealed cover in order to provide them(petitioners) opportunity to submit their reply to the said notings of the Government after receiving the copies thereof in further support of their contentions.

The above four I.As. were filed on behalf of the petitioners on dated 16.04.2026 and the said I.As. were fixed to 20.04.2026 for objection and hearing.

On dated 20.04.2026, the Opposite Parties/State filed objection against the aforesaid I.As. of the petitioners after serving copies thereof on the learned counsel for the petitioners.

On that day, i.e., on 20.04.2026, the learned Additional Government Advocate on behalf of the State/Opposite Parties filed a memo on the basis of the objection of the State for returning back the sealed cover containing the notings of the Government(which was filed on dated 08.04.2026) stating that, the State will not rely on the notings of the Government kept in the sealed cover,

To which, the learned counsels for the petitioners vehemently objected contending that, there is no provision under law for returning back the said sealed cover containing the notings of the Government after being filed by the learned Advocate General of the State and after perusal of the said notings by the Court and when the Court has already perused the notings of the Government kept in the sealed covered, then, the question of returning back of the same to the State does not arise. Because, there is every possibility of biasness of the Court at the time of judgment of the writ petitions, when the court has already perused the notings of the Government kept in the sealed cover and the same will ultimately influence the Court. According to them(learned counsels of the petitioners) if, the sealed cover containing the notings of the Government will be returned back, then, the main object of fairness of the hearing of the writ petitions shall be frustrated.

For which, the I.As. were listed on 21.04.2026 for hearing in respect of the matter, i.e., whether the notings of the Government kept in a sealed cover as per Order No.8 dated 08.04.2026 are permissible for its return or not.

I have already heard from the learned senior counsel for the petitioners and the learned Additional Government Advocate for the State.

During the course of hearing, in support of the above prayer made by the petitioners in their I.As., i.e., in order to direct the Opposite Parties/State to supply the copies of the notings of the Government, they relied upon the following decisions:-

(1) In a case between Madhyamam Broadcasting Limited vrs. Union of India and others : reported in (2023) 13 SCC-401 that,

-Fairness must be inherent in procedure adopted-Fair procedure induces equality in proceedings-Non-disclosure of information is per se violative of fair trial-Perception that decision is accurate and just leads to building of public confidence and giving legitimacy to the decision.

J. Administrative Law-Natural Justice-Exclusion or Inapplicability of Rules of Natural Justice-Non-disclosure of information on ground of national security-Cancellation of licence of TV channel for non-clearance by Ministry of Home Affairs for security reasons-Non-disclosure of information relating to security threats-State must satisfy Court that national security concern is involved and that abrogation of natural justice principle justified.

-Non-disclosure permissible only on grounds stipulated in Art.19(2)-Reports of intelligence agencies impact decisions on life, liberty and profession and absolute immunity from disclosure would be antithetical to a transparency and accountability- Document claimed to be related to State affairs, must be disclosed, if on a preliminary enquiry court opines that it does not relate to State affairs-Summary reasons for denying security clearance constitute core irreducible minimum of procedural guarantees under Art.14 of the Constitution, which must be disclosed-Non-disclosure amounts to unreasonable and arbitrary means to fulfill State's purpose-Evidence Act, 1872-S.124-Sakshya Adhiniyam, 2023-S.130-Constitution of India, Arts. 14, 19 and 21.

(2) In a case between Oryx Fisheries Private Limited vrs. Union of India and others : reported in (2010) 13 SCC-427 that,

Administrative Law-Natural Justice-Audi Alteram Partem- Right to hearing-Object is to give notice a reasonable opportunity of making objection against proposed charges indicated in notice- Reasonable opportunity explained.

(3) In a case between CDR Amit Kumar Sharma vrs. Union of India : reported in (2023) 20 SCC-486(Para No.27) that,

All material which is relied upon by either party in course of a judicial proceeding must be disclosed.

(4) In a case between Shiv Prasad vrs. Durga Prasad and another : reported in (1975) 1 SCC-405(Para No.9) that,

If a person has filed an application first and thereafter, another application is filed, he will not be allowed to prosecute the former unless he withdrew the later.

(5) In a case between Tata Engineering and Locomotive Co. Ltd. vrs. State of Bihar and others : reported in (2008) 1 SCC-1 that,

The doctrine of the veil should be lifted in order to safeguard the fundamental right of the citizens guaranteed under Article-19 of the Constitution of India.

(6) In a case between S.P. Gupta vrs. Union of India : reported in (1981) Suppl. SCC-87, Seven Judge Coram (Para Nos.69 and 80) that,

...Every claim for immunity in respect of a document, whatever be the ground on which the immunity is claimed and whatever be the nature of the document, must stand scrutiny of the court with reference to one and only one test, namely, what does public interest require-disclosure or non-disclosure. The final decision in regard to the validity of an objection against disclosure would always be with the Court.

On the contrary, for the return of the sealed cover containing the notings of the Government on the basis of the objection of the State, the learned Additional Government Advocate for the State relied upon the following decisions:-

(1) In a case between Madhyamam Broadcasting Limited vrs. Union of India and others : reported in (2023) 13 SCC-401.

(2) In a case between CDR Amit Kumar Sharma vrs. Union of India : reported in (2023) 20 SCC-486.

(3) In a case between State of Uttar Pradesh vrs. Raj Narain : reported in (1975) 4 SCC-428.

It was the contentions of the learned counsels for the petitioners relying upon the ratio of the aforesaid decisions indicated in Para No.9 of this judgment that,

when the Court has already perused the notings of the Government after opening the seal and before re-sealing and the said sealed cover is under the custody of the Secretary of the Court as per Order No.8 dated 08.04.2026 for its safe custody in order to peruse the same only by the Court, if the same is required, then, the non-disclosure and non-supply of the copies of the said notings of the Government to the petitioners is a grave violation of the principles of natural justice denying the opportunity to the petitioners to understand, examine and effectively rebut the contents of the said notings, which shall ultimately affect the fair hearing as well as fair adjudication of the writ petitions.

Therefore, the disclosure of the notings as well as supply of the copies thereof to the petitioners through their respective learned counsels is necessary and the notings submitted by the learned Advocate General of the State cannot be withheld from its disclosure, as the disclosure of the said notings shall not affect/hamper the security of the State in any manner.

To which, the learned Additional State objected contending that, when in the objection as well as in the memo of the State, it has been specifically stated that, the State will not rely upon the notings of the Government kept in the sealed cover and the said notings are required to be return back, because, the notings of the Government are privileged documents of the Government and the same are not to be disclosed to others and the disclosure of the same will ultimately affect the confidentiality of the State, for which, the disclosure thereof to the other side is not permissible under law.

It is the undisputed case of the parties that, as per Para No.5 of Order No.8 dated 08.04.2026 during the course of hearing,

"the learned Advocate General of the State submitted some notings of the Government in a sealed cover relating to the matters of the writ petitions and the said sealed cover was opened and notings of the Government were perused by the Court, then, the said notings were again kept in that cover and resealed and handed over to the Secretary for its safe custody in order to peruse the same only by the Court, if the same is required."

It is the settled propositions of law that,

a citizen has a right to know about the activities of the State, its instrumentalities, the departments and the agencies of the State. The privilege of secrecy which existed in all times that, the State is not bound to disclose the facts to the citizens or the State cannot be compelled by the citizens to disclose the facts, does not survive Now, to a great extent. Because, as per Article 19 of the Constitution of India, 1950, there exists, the right of freedom of speech. Freedom of speech is based on the foundation of the freedom or right to know. The State can impose and should impose the reasonable restrictions in the matter like other fundamental rights, where, it affects the National security or any other matter affecting the Nation's integrity. But, this right is limited and particularly in the matter of sanitation and other allied matters every citizen has a right to know how the State is functioning.

It is also the settled propositions of law that,

"notings recorded in the official files by the officers of the Government at different levels and even the Ministers do not become the decision of the Government, unless the same is sanctified and acted upon by issuing an order in the name of the President or Governor, as the case may, authenticated in the manner provided in Articles 77(2) and 166(2) of the Constitution of India, 1950 and is communicated to the affected persons.

The notings and/or the decisions recorded in the file of the Government do not confer any right or adversely affect the right of any person and the same can neither be challenged in a Court nor made basis for seeking relief.

Even if, the competent authority records noting in the file, which indicates that, some decision has been taken by the concerned authority, the said decisions can always be reviewed by the very same authority or reversed or overturned or over-ruled by the higher functionary/authority in the Government.

Therefore, mere notings in the file of the Government will not construe as the decision of the Government."

The law relating to the legal effect of the notings of the Government, which has been kept in the sealed cover as per Order No.8 dated 08.04.2026 has already been clarified in the ratio of the following decisions:-

(i) In a case between Industrial Promotion and Investment Corporation, Orissa, Ltd.(IPICOL) vrs. Bimbadhar Panda and others : reported in 2021(Suppl.) OLR-903(D.B.) (Para No.26) that,

A mere noting in the file of the Government will not be construed as a decision.

(ii) In a case between Shanti Sports Club and another vrs. Union of India and others : reported in 2009(3) Civil Law Times(S.C.)-323(Para-37), in a case between K.S.B. Ali vrs. State of Andhra Pradesh and others : reported in (2018)11 SCC-277 that,

Notings recorded in the official files of the Government at different levels and even the Ministers, do not become decisions of the Government, unless the same is sanctified and acted upon by issuing an order in the name of the President or Governor, as the case may be, authenticated in the manner provided in Articles 77(2) and 166(2) of the Constitution of India, 1950 and is communicated to the affected persons.

The notings and/or decisions recorded in the file dot not confer any right or adversely affect the right of any person and the same can neither be challenged in a court nor made basis for seeking relief.

Even if, the competent authority records noting in the file, which indicates that, some decision has been taken by the concerned authority, the same can always be reviewed by the same authority or reverse or overturned or over-ruled by a higher functionary/authority in the Government.

Therefore, mere notings in the file of the Government will not construe as the decision of the Government.

(iii) In a case between Pimpri Chinchwad New Township Development Authority vrs. Vishnudev Cooperative Housing Society and others : reported in (2018) 8 SCC-215(Para-36) that,

A mere noting in the official files of the Government while dealing with any matter pertaining to any person is essentially an internal matter of the Government and carries with it no legal sanctity.

(iv) In a case between State of Uttranchal and another vrs. Sunil Kumar Vaish and others : reported in (2011) 8 SCC-670 (Para-24) that,

A noting recorded in the file is merely a noting simpliciter and nothing more. It merely represents expression of opinion by the particular individual. By no stretch of imagination, can such noting be treated as a decision of the Government.

Here, in the this matter at hand, when, as per Order No.8 dated 08.04.2026, during course of hearing, the learned Advocate General of the State submitted some notings of the Government in a sealed cover relating to the matter of the writ petitions and when, the said sealed cover was opened and perused by the Court and kept the said notings of the Government in that cover and re-sealed the same and handed over to the Secretary of the Court for its safe custody in order to peruse the same only by the Court, if the same is required and when as per law, the notings of the Government are not the decision of the Government and said notings do not confer any right or adversely affect the right of the petitioners in these writ petitions and when, as per law, the said notings of the Government kept in the sealed cover as per Order No.8 dated 08.04.2026 can neither be challenged in a Court of law nor the said notings can be made any basis for seeking any relief in the Court of law, but, the said notings can always be reviewed/reversed/overturned/over-ruled by the same authority or higher functionary/authority in the Government and when, it has been stated on behalf of the State that, the State shall not rely upon the notings of the Government kept in the sealed cover and wants to return back the same and when, the Court has already perused the said notings after opening the seal and has re-sealed the same passing an order in Para No.5 of the Order dated 08.04.2026 that, the notings of the Government are kept in the sealed cover and handed over to the Secretary for its safe custody in order to peruse the same only by the Court, if the same is required and when, the learned counsels for the petitioners argued basing upon the averments made in their I.As. that, when, the Court has already perused the notings of the Government kept in the sealed cover, then, there is every possibility of biasness of the Court at the time of judgment of the writ petitions, as the learned Advocate General of the State has already argued at length basing upon the said notings of the Government, then at this juncture, the end of justice shall bestly be served,

"if the notings of the Government kept in the sealed cover shall neither be opened nor any notings in the same shall be referred either in the judgments of the I.As. or in the writ petitions without returning back that sealed cover containing the notings of the Government to the Opposite Parties, but, handing over the said sealed cover to the Registrar(Judicial) of this Court for its safe custody without allowing any of the I.As. of the petitioners either for the disclosure of the contents of the notings of the Government kept in the sealed cover or for recalling the Para No.5 of Order No.8 dated 08.04.2026."

As such, all the I.As. filed by the petitioners for a direction to the Opposite Parties and/or Registry to supply the copies of the notings of the Government kept in the sealed cover or to recall the Order No.8 dated 08.04.2026 are dismissed.

Likewise, prayer made through memo dated 21.04.2026 on behalf of the State for returning the sealed cover containing the notings of the Government is refused.

The Secretary of this Court is directed to hand over the sealed cover containing the notings of the Government to the Registrar(Judicial) of the High Court immediately for its safe custody till the same is called for or required through any specific judicial order or direction for the same.

20 On the basis of the aforesaid observations, these I.As. are dismissed and disposed of finally.