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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.34291 of 2025 (An application under Articles 226 and 227 of the Constitution of India, 1950) Narmada Chaudhuri …. Petitioner -versus- State of Odisha and Others …. Opposite Parties Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode):
For Petitioner - Mr. P. K. Nanda,
Advocate. For Opposite Parties - Mr. S. Nayak,
Addl. Standing Counsel
CORAM:
HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing and Judgment :08.12.2025 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 25.04.2025 (Annexure-5) passed in Adjudication Misc. Case No.286 of 2024 by the Asst. Settlement Officer, Rental Colony, Bhubaneswar (O.P. No.5) on the ground of non-providing of opportunity of being heard to the petitioner. 2. Heard from the learned counsel for the petitioner and learned ASC for the State. Page 2 of 3
3. The impugned order, vide Annexure-5 passed by the Asst. Settlement Officer, Rental Colony, Bhubaneswar at Major Settlement, Jobra, Cuttack (O.P. No.5) does not reveal about the providing of any opportunity of hearing in Adjudication Misc. Case No.286 of 2024 to the petitioner for passing the impugned order vide Annexure-5 against the petitioner. 4. 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 vide Annexure-5 has been passed by the O.P. No.5 violating the principles of natural justice. For which, the impugned order vide Annexure-5 cannot be sustainable under law. Therefore, the impugned order dated 25.04.2025 (Annexure-5) passed in Adjudication Misc. Case No.286 of 2024 by the Asst. Settlement Officer, Rental Colony, Bhubaneswar (O.P. No.5) 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. 5. In result, the writ petition filed by the petitioner is allowed. The impugned order 25.04.2025 (Annexure-5) passed in Adjudication Misc. Case No.286 of 2024 by the Asst. Settlement Officer, Rental Colony, Bhubaneswar (O.P. No.5) is quashed (set aside). Page 3 of 3
The matter vide Adjudication Misc. Case No.286 of 2024 is remitted back (remanded back) to the Asst.
Settlement Officer, Rental Colony, Bhubaneswar presently at Jobra, Cuttack (O.P. No.5) to decide the same afresh as per law within a month positively from the date of appearance of the parties in the said Adjudication Misc. Case No.286 of 2024 after providing opportunity of being heard to the petitioner and others, if any, in full compliance of the principles of natural justice. 6. The parties to this writ petition are directed to appear before the Asst. Settlement Officer, Rental Colony, Bhubaneswar presently at Jobra, Cuttack (O.P. No.5) in Adjudication Misc. Case No.286 of 2024 on dated 16.12.2025 and to produce the certified copy of this judgment for the purpose of receiving the directions of O.P. No.5 as to further proceedings of the said Adjudication Misc. Case No.286 of 2024. 7. As such, this writ petition filed by the petitioner is disposed of finally. (A.C. Behera), Judge. Orissa High Court, Cuttack. 08.12.2025//Utkalika Nayak// Junior Stenographer
Signed by:
UTKALIKA NAYAK Reason: Authentication of Orissa, Cuttack 15:52:03 Signature Not Verified