Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties’ Submissions After So Long
Case: Laxmi Sahu v. State of Odisha & Ors.
Coram: Justice Biswanath Rath
Case No.: W.P.(C) No. 17358 of 2022
Court Observation: If such mode is accepted, then disposal of such matters providing opportunity of hearing may not be a requirement and it may be opened to the adjudicatory authority to decide the matter accordingly on the basis of pleadings and objection, if any, of the respective parties, which is never the intention in setting up the Quasi-Judicial authority.
For the opinion of this Court, in the event there is approval of such delayed disposal, then the purpose of hearing of the matters involved gets frustrated as the adjudicatory authority is unable to remember the submission of the respective parties after so much loss of time. Nevertheless, an unreasonable delay between hearing of arguments and delivery of judgment, unless explained by exceptional or extraordinary circumstances, is highly undesirable even when written arguments are submitted. It is not unlikely that some points which the litigant considers important may have escaped notice. But what is more important is that litigants must have complete confidence in the results of litigation. This confidence tends to be shaken if there is excessive delay between hearing of arguments and delivery of judgments.
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Orissa High Court Sets Aside,