Madhumita Stone Crusher, Jajpur v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 29461 of 2022 Madhumita Stone Crusher, Jajpur .....

Petitioner Mr. M. Agarwal, Advocate Vs.

State of Odisha and others .....

Opposite Parties Mr. P.K. Muduli, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

10.11.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard.

3.

The petitioner has filed this writ petition seeking to quash the notice dated 02.03.2022 under Annexure-4 issued by the opposite party no.2. 4.

Learned counsel appearing for the petitioner contended that the demand so raised against the petitioner by the authority is without following due procedure and without complying the principles of natural justice. It is further contended that had opportunity of hearing been given, the petitioner could have clarified the position of demand raised against it and, as such, the same could not have been demanded.

5.

Mr. P.K. Muduli, learned Addl. Government Advocate appearing for the State-opposite parties vehemently contended that the order passed by the authority is appealable one and, therefore, the petitioner should have preferred appeal before the appropriate forum in accordance with law instead of filing the present writ petition.

6.

Having heard learned counsel for the parties and after going through the records, this Court finds that, against the order impugned even if appeal lies,

but the petitioner raises preliminary objection that without giving opportunity of hearing and without complying the principles of natural justice, the order impugned has been passed. Therefore, this Court is not inclined to relegate the matter to the appellate authority, as stated by learned Addl. Government Advocate appearing for the State-opposite parties to prefer the appeal. As such, this Court cannot create a jurisdiction beyond the statue to prefer appeal before any other forum. In any case, since the order of demand in Annexure-4 has been passed without giving opportunity of hearing and without complying the principles of natural justice, the same cannot sustain in the eye of law and is liable to be quashed and is hereby quashed.

The matter is remitted back to the Tahasildar, Dharmasala to pass a fresh order in accordance with law by affording opportunity of hearing to the petitioner, as expeditiously as possible. Needless to say, the petitioner shall appear before the Tahasildar, Dharmasala on 25.11.2022, on which date the Tahasildar shall fix a date for hearing of the case of the petitioner.

7.

The writ petition is accordingly disposed of. 8.

Issue urgent certified copy as per rules.

Arun (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE