The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11831 of 2024 Sweta Dhruba Panigrahy …. Petitioner Mr. M. Mishra, Sr. Advocate along with Mr.S. Senapati, Advocate State of Odisha & Others -versus- …. Opposite Parties Mr. S.P. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 26.11.2024 07. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Petitioner has filed the present Writ Petition inter alia challenging the order passed by the Addl. Tahasildar- Opposite Party No.3 vide order dtd.16.03.2024 so confirmed by Opposite Party No.2 vide
Decision
order dtd.05.04.2024 and consequential order passed by the Addl. Tahasildar-Opposite Party No.3 on 10.04.2024. 4. Learned Sr. counsel appearing for the Petitioner contended that basing on his application made for issuance of income and asset certificate to be produced by Economically Weaker Section Miscellaneous Certificate Case No.E-(IAC)/2021/15084 was initiated and Opposite // 2 // Party No.3 on being satisfied issued the certificate in favour of the Petitioner under Annexure-1. 4.1. It is contended that by utilizing the said certificate, Petitioner appeared the Joint Entrance Examination 2020-21 and got himself admitted to prosecute MBBS Course in VIMSAR, Burla. 4.2. It is contended after such issuance of the certificate in favour of the Petitioner under Annexure-1, basing on some private complaint, Opposite Party No.3 initiated Misc. Case No.01/2023 on 10.05.2023 and while initiating the proceeding in Misc. Case No.01 of 2023, Opposite Party No.3 called for a report from Tahasildar, Berhampur with regard to the allegation made that Petitioner has got other landed property which was not disclosed at the time of issuance of the certificate under Annexure-1. 4.3. It is contended that after initiation of such proceeding, Petitioner was issued with the notice vide order dtd.10.05.2023 and the next date was fixed to 26.05.2023. On 26.05.2023 Petitioner’s father appeared before Opposite Party No.3 and filed various documents. However, without waiting for the report from Tahasildar, Berhampur, so called for vide order dtd.10.05.2023, Opposite Party No.3 when passed the final order vide order dtd.31.05.2023 under Annexure-5 and submitted the case record to Opposite Party No.2 as provided under Page 2 of 11 // 3 // Rule-6(1),(8),(9) and (10)(a) of Miscellaneous Certificate Rules, 2019 for necessary order and on receipt of the said record, Opposite Party No.2 passed an order on 08.06.2023 under Annexure-6-Series directing the Petitioner to appear, the order passed by Opposite Party No.3 on 31.05.2023 was challenged before this Court in W.P.(C) No.22861 of 2023. 4.4. Learned Senior Counsel appearing for the Petitioner contended that this Court after hearing the learned counsel appearing for the Parties and vide order dtd.04.12.2023 under Annexure-7 was pleased to set aside order dtd.31.05.2023 so passed by Opposite Party No.3 in E.W.S. Misc. Case No.01 of 2023. While setting aside the said order, this Court restored the file in E.W.S. Misc. Case No.01 of 2023 to the file of Opposite Party No.3 and with a direction on the said Opposite Party No.3 to proceed with the matter in accordance with law and in the light of the directions and observations made in the said order. This Court further directed Opposite Party No.3 to provide a personal hearing to the Petitioner. 4.5. It is contended that in terms of the order passed by this Court on 04.12.2023, the proceeding in question was taken up afresh and vide order dtd.31.01.2024 Tahasildar, Berhampur was requested to supply the landed property details of the Petitioner as well as his Page 3 of 11 // 4 // family members. Petitioner was also noticed to remain present and the next date was fixed to 16.02.2024. 4.6. It is contended that on 16.02.2024, Opposite Party No.3 issued a reminder to the Tahasildar, Berhampur to submit the report as requested earlier and a fresh notice was issued to the Petitioner fixing the next date to 01.03.2024. Petitioner accordingly appeared through his counsel on 01.03.2024 and the next date was fixed to 13.03.2024. 4.7. It is contended that on 13.03.2024, learned counsel for the Petitioner filed his written statement. However, Opposite Party No.3 since was busy on election duty on 13.03.2024 no hearing took place. But Opposite Party No.3 without hearing the matter kept the matter for final order vide order dtd.13.03.2024. 4.8. Learned counsel for the Petitioner contended that since no hearing took place on 13.03.2024 after filing of the written statement by the Petitioner through his counsel and the report submitted by the Tahasildar, Berhampur was also not provided to the Petitioner, in absence of the same and without hearing the matter by giving a personal hearing to the Petitioner through his counsel, Opposite Party No.3 could not have reserved the matter for final order. Page 4 of 11 // 5 // 4.9. It is contended that Opposite Party No.3 thereafter vide order dtd.16.3.2024 submitted the case record before Opposite Party No.2 for kind orders inter alia holding that the present Petitioner at the time of issuance of the certificate under Annexure-1 had furnished wrong declaration and managed to obtain the certificate with suppression of facts. 4.10. It is contended that Opposite Party No.2 vide order dtd.08.04.2024 approved the proposal submitted by Opposite Party No.3 for cancellation of the certificate issued in favour of the Petitioner under Annexure-1 in terms of the provisions contained under Rule-8 of the Miscellaneous Certificate Rules, 2019. Basing on the order of approval issued by Opposite Party No.2 on 08.04.2024, vide order dtd.10.04.2024, Opposite Party No.3 cancelled the certificate so issued in favour of the Petitioner under Annexure-1. Being aggrieved by the order dtd.16.03.2024 of Opposite Party No.3, so approved by Opposite Party No.2 vide order dtd.08.11.2024, and the final order passed by Opposite Party No.3 on 10.04.2024 under Annexure-8-Series, Petitioner is before this Court. 4.11. Learned Senior Counsel appearing for the Petitioner contended that in terms of the order passed by this Court on 04.12.2023 in W.P.(C) No.22821 of 2023, Petitioner was never given a personal hearing and the report Page 5 of 11 // 6 // submitted by the Tahasildar, Berhampur so received by Opposite Party No.3 on 02.03.2024 was also never provided to the Petitioner. Not only that no hearing took place on 13.03.2024, which is apparent on the face of the said order. But Opposite Party No.3 without complying the direction contained in order dtd.04.12.2023 of this Court, keep the matter for final order vide order dtd.13.03.2024 and passed the final order on 16.03.2024. The order passed by Opposite Party No.2 on 16.03.2024 was approved by Opposite Party No.3 vide order dtd.05.04.2024 and Opposite Party No.2 passed the final order on 10.04.2024, by cancelling the certificate issued in favour of the Petitioner under Annexure-1. 4.12. Learned Senior counsel accordingly contended that since the order passed by this Court on 04.12.2023 was never followed by Opposite Party No.3 while passing the order on 13.03.2024, the impugned orders are not legally sustainable and it requires interference of this Court. 5. Mr. S.P. Das, learned Addl. Standing Counsel for the State on the other hand contended that after remand of the matter by this Court vide order dtd.04.12.2023, Opposite Party No.3 called for a report from the Tahasildar, Berhampur, which was received by him on 02.03.2024. On 13.03.2024, learned Advocate appearing on behalf of the Petitioner since filed his written statement of defence, the same was taken as the stand of Page 6 of 11 // 7 // the Petitioner and accordingly the matter was kept reserved for final order, which was passed on 16.03.2024. 5.1. It is further contended that the order passed by the Addl. Tahasildar-Opposite Party No.3 on 16.03.2024 was approved by the Sub-Collector, Bhanjangar vide order dtd.05.04.2024. After such approval of the order, the certificate issued in favour of the Petitioner under Annexure-1 was cancelled vide order dtd.10.04.2024 under Annexure-8-Series. 5.2. It is accordingly contended that since the matter has been re-decided after remand of the matter by this Court, no illegality or irregularity can be found with the said order. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that basing on the application submitted by the Petitioner for issuance of Income and Asset Certificate to be produced by Economically Weaker Section Misc. Case No. E-(IAC)/2021/15084 was initiated in the file of Opposite Party No.3. On being satisfied with the materials placed by the Petitioner, the certificate in question was issued in favour of the Petitioner under Annexure-1 on dtd.25.01.2021. As found basing on the said certificate, Petitioner not only participated in the Joint Entrance Examination but also got selected and admitted to prosecute MBBS course in VIMSAR, Burla. Page 7 of 11 // 8 // As found basing on a private complaint, Opposite Party No.3 registered Misc. Case No.01 of 2023 in his file on 10.05.2023. But the said Opposite Party when passed an order on 31.05.2023 by holding that Petitioner by making wrong proclamation has managed to obtain the certificate and submitted the record for approval before Opposite Party No.2 and the same was also approved by Opposite Party No.2 vide order dtd.08.06.2023 under Annexure-6- Series, Petitioner challenging the order dtd.31.05.2023 of Opposite Party No.3 approached this Court in W.P.(C) No.22821 of 2023. 6.1. This Court vide order dtd.04.12.2023 under Annexure-7, while setting aside the order dtd.31.05.2023 directed Opposite Party No.1 to restore the Misc. Case to his file and to proceed with it in accordance with law in the light of the directions and observations contained in the said order. This Court also directed Opposite Party No.3 to provide a personal hearing to the Petitioner. As found from the record on receipt of the order so passed by this Court on 04.12.2023, Opposite Party No.3 restored the file with passing of an order on 31.01.2024. While restoring the Misc. Case to his file vide order dtd.31.01.2024, Opposite Party No.3 requested the Tahasildar, Berhampur to submit the report and the next date was fixed to 16.02.2024. As found, the matter was adjourned to 01.03.2024 and Tahasildar, Berhampur was again requested to submit the report. On 01.03.2024, Page 8 of 11 // 9 // the matter was adjourned to 13.03.2024. However, on 13.03.2024, Petitioner filed his written statement through his counsel and report from Tahasildar, Berhampur by that time was already received on 02.03.2024. 6.2. As found that on 13.03.2024 Opposite Party No.3 was busy in election duty and no hearing could take place. But in absence of hearing of the matter, Opposite Party No.3 reserved the matter for final order and passed the final order on 16.03.2024 under Annexure-8-Series. Vide the said order Opposite Party No.3 came to a conclusion that Petitioner by suppressing material facts has obtained the certificate under Annexure-1. While holding so the matter was placed before Opposite Party No.2 for approval and such approval was accorded by Opposite Party No.2 vide order dtd.08.04.2024. After such approval of the order by Opposite Party No.2, certificate issued in favour of the Petitioner under Annexure-1 was cancelled vide order dtd.10.04.2024 under Annexure-8-Series. 6.3. Since as found from the record, no hearing took place on 13.03.2024 and the report submitted by the Tahasildar, Berhampur so received by Opposite Party No.3 on 02.03.2024 was not brought to the notice of the Petitioner, as per the considered view of this Court, Opposite Party No.3 without hearing the matter by giving a personal hearing to the Petitioner as directed by this Page 9 of 11 // 10 // Court in order dtd.04.12.2023 could not have reserved the matter for final order. 6.4. In view of such illegality and irregularity apparent on the face of the order dtd.13.03.2024, this Court is inclined to quash order dtd.16.03.2024 so passed by Opposite Party No.3, as well as the order of approval issued by Opposite Party No.2 on 05.04.2024 and the final order passed by Opposite Party No.3 on 10.04.2024 under Annexure-8-Series. While quashing orders dtd.16.03.2024, 05.04.2024 and 10.04.2024 so available under Annexure-8-Series, this Court remits the matter once again to Opposite Party No.3 for fresh hearing and disposal of Misc. Case No.01/2023. 6.5. This Court directs Opposite Party No.3 to provide the report so submitted by the Tahasildar, Berhampur and received by Opposite Party No.3 on 02.03.2024 to the Petitioner within a period of seven (7) days from the date of receipt of this order. After being provided with the report, Opposite Party No.3 shall hear the matter in terms of the order passed earlier by this Court on 04.12.2013 in W.P.(C) No.22821 of 2023. Opposite Party No.3 is directed to dispose of the proceeding as directed by this Court in order dtd.04.12.2023 within a period of two (2) months from the date of receipt of this order. Petitioner is directed to appear before Opposite Party No.3 on Page 10 of 11 // 11 // 09.12.2024 and produce the present order for compliance. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Dec-2024 12:00:54 Page 11 of 11