DILIP KUMAR SAMANTRAY v. MEMBER, BOARD OF REVENUE, CUTTACK
WP(C)/27562/2021 · 2025-03-04
Ananda Chandra Behera
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 53902 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53902 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.27562 of 2021 Dilip Kumar Samantray ..... Petitioner
Represented By Adv. – Mr. S.K. Dash -versus- Member, Board of Revenue, Cuttack & Others ..... Opposite Parties
Represented By Adv. – Mr. D.K. Sahoo, AGA
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER 04.03.2025
Order No.
11.
1. This matter is taken up through hybrid mode.
2. Upon hearing from the learned counsels of both the sides, it is felt proper to dispose of the Writ Petition finally after setting aside the final order dated 31.08.2021 passed in RP Case No.1613 of 2014 by the Opposite Party No.1 under Annexure- 7 of this writ petition, because as per the submissions of the learned counsels of both the sides the arguments of the said RP Case No.1613 of 2014 was heard by the predecessor, but not by the authority passed the impugned order.
3. It is the settled propositions of law that, which authority will have heard the arguments, that authority shall/must pass the judgment.
The authority cannot pass any judgment on the basis of
arguments heard by the predecessor.
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4. In view of such principles of law, the impugned order vide Annexure-7 passed by the Opposite Party No.1 is bad and illegal under law. The same cannot be sustainable under law.
Therefore, the Annexure-7 is quashed. The matter i.e. RP Case No. 1613 of 2014 is remitted back to the Opposite Party No.1 for its fresh disposal as per law, after hearing arguments from both the sides.
5. Registry is directed to communicate this order to the Opposite Party No.1 immediately.
6. The Opposite Party No.1 is directed to dispose of the RP Case No. 1613 of 2014 afresh as per law within a period of two months positively from the date of communication of this order, as this is an year old matter of the year 2014. In the meantime more than ten years have already been passed.
(ANANDA CHANDRA BEHERA) Judge Sipra Orissa, Cuttack