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Passing an order in the absence of the necessary party is bad in the eyes of law: High Court Of Orissa

It has appeared from the records that the writ petitioners had misled the learned Single Judge. Such an opinion was held by The Hon’ble High Court of Orissa before The Hon’ble Mr. Chief Justice B.P. Routray in the matter of Gundam Manga Raju Vs. Tirthabasi Mohapatra (since dead) through LRs and others [W.A. No.45 of 2009]. 

The facts of the case were related to a land dispute. The learned single judge directed to record half a share of the land in favour of Respondent No.2, which was assailed in the present appeal. It was admitted that the Member, Board of Revenue in Revenue Appeal confirmed that Gangadhar Satapathy settled the land in favour of Abhimanyu Das by Gountia Lease Patta dated 6th November 1943. Later the Abhimanyu sold the land in question to Tirthabasi. An objection case was filed by Respondent No.7 when the consolidation operation started in that area. All the objection cases through a common order were rejected by the consolidation officer. It was reported that 7 appeals were allowed by a common order with the direction to record the purchased lands separately in the name of respective purchasers. 

It was submitted that Respondent Nos.1 and 2 preferred the revision and the writ petition on behalf of the Appellant and excluded her as a party. The learned Single in her absence passed the impugned order. The perused records revealed that the present Appellant was not impleaded as a party in the writ petition. Moreover, the learned Single Judge was misled since the writ petitioners stated that all seven appeals were filed by Respondent No.7.

After thorough considerations, The Hon’ble Court ruled out that “… In view of the discussions made in the foregoing paragraphs, since the impugned order has been passed in absence of the appellant who is a necessary party, the same is liable to be set aside on that score only. Accordingly, the order of the learned Single Judge dated 21st February 2008 is set aside. The writ appeal is allowed, but in the circumstances without any order as to costs.”

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Judgment reviewed by- Bipasha Kundu

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