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Judgment
A.C. 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 09.02.2023(Annexure-5) passed in OLR Case No.166 of 2019 by the Sub-collector, Berhampur(Opposite Party No.2).
Heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the Opposite Parties(State).
The factual backgrounds of this writ petition, which prompted the petitioner for filing the same is that, the petitioner filed an application vide OLR Case No.166 of 2019 under Section 22 of the OLR Act, 1960 on dated 28.10.2019 before the Sub-collector, Berhampur seeking permission for selling her land indicated in the application to a non-Scheduled Caste person. That OLR Case No.166 of 2019 under Section 22 of the OLR Act, 1960 filed by the petitioner before the Sub-collector, Berhampur(Opposite Party No.2) was registered on dated 28.10.2019 and the said OLR Case No.166 of 2019 was posted from date to dates, but, lastly as per order dated 09.02.2023 passed by the Opposite Party No.2, the OLR Case No.166 of 2019 of the petitioner was dropped.
It appears from the order-sheets passed in OLR Case No.166 of 2019 by the Opposite Party No.2 that, the OLR Case No.166 of 2019 was placed before the Opposite Party No.2 on dated 26.03.2021.
On that day, i.e., 26.03.2021, the order was passed by the Opposite Party No.2 as follows :-
“the case is taken up today. Due to Bhart Bandh call given by the farmers union, the party could not appeared today.
Issue notice fixing case to 23.04.2021.”
The case was not put up before the Opposite Party No.2 on 23.04.2021, though, the same was fixed from 26.03.2021 to 23.04.2021.
Surprisingly, on dated 09.02.2023, the OLR Case No.166 of 2019 filed by the petitioner under Section 22 of the OLR Act, 1960 was dropped by the Opposite Party No.2 passing an order as follows:-
“the case is put up today. Gone through the case record. The petitioner is not pursuing the case since long.
Drop the case. Close the case record and consign the case record to the record room after observing all formalities as per procedure.”
When, in the order dated 26.03.2021 passed in OLR Case No.166 of 2019 by the Opposite Party No.2, direction was given for issuance of notice to the petitioner fixing the case to 23.04.2021 and when, without placing the record on dated 23.04.2021 for orders, the impugned order was passed by the Opposite Party No.2 on dated 09.02.2023, for which, there was no scope for the petitioner to know that, his case vide OLR Case No.166 of 2019 shall be taken up by the Opposite Party No.2 on dated 09.02.2023, because, no date was fixed to 09.02.2023. Therefore, absence of the petitioner on dated 09.02.2023 before the Opposite Party No.2 was obvious and natural. Therefore, it is held that, the impugned order dated 09.02.2023(Annexure-5) has been passed by the Opposite Party No.2 in OLR Case No.166 of 2019 behind back of the petitioner without complying the principles of natural justice, i.e., without giving any notice or information to the petitioner that, her OLR Case No.166 of 2019 shall be taken up by the Opposite Party No.2 on dated 09.02.2023.
So, the impugned order dated 09.02.2023(Annexure-5) passed in OLR Case No.166 of 2019 by the Opposite Party No.2 cannot be sustainable under law.
The same is liable to be quashed making interference with the same through this writ petition field by the petitioner.
As such, there is merit in the writ petition filed by the petitioner. The same is to be allowed.
In result, this writ petition filed by the petitioner is allowed. The impugned order dated 09.02.2023 (Annexure-5) passed in OLR Case No.166 of 2019 by the Sub-collector, Berhampur (Opposite Party No.2) is quashed.
The matter vide OLR Case No.166 of 2019 is remitted back to the Sub-collector, Berhampur (Opposite Party No.2) for deciding the same afresh as per law after giving opportunity of being heard to the parties including the petitioner as expeditiously as possible within a period of two months from the date of filing of the certified copy of this judgment.
The parties to this writ petition are directed to appear before of the Sub-collector, Berhampur (Opposite Party No.2) in OLR Case No.166 of 2019 on dated 09.01.2026 for the purpose of receiving the directions of the OLR Case No.166 of 2019 and to file certified copy of this judgment as to further proceedings of the said OLR Case No.166 of 2019.
As such, this writ petition filed by the petitioner is disposed of finally.