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Issues:
The issues involved in this case are the petitioner's right to be heard by the Municipal Council on his appeal and the validity of the orders issued without affording him an opportunity to present his case effectively. Judgment Details: 1. The petitioner obtained a lease for constructing a house on a plot, completed the construction within the stipulated period, and has been paying taxes. Subsequently, a notice was received regarding alleged encroachment, leading to a provisional order under Section 273-A of the Orissa Municipal Act without granting the petitioner an opportunity to be heard. 2. The petitioner contended that he was entitled to be heard by the Municipal Council on his appeal, which was dismissed without affording him such an opportunity. The respondent argued that Section 274 of the Act does not explicitly provide for personal hearing by the Council. However, the Court held that a right of appeal inherently includes the right to be heard, emphasizing the importance of natural justice principles in quasi-judicial proceedings. 3. The Court emphasized that the appeal memo submitted by the petitioner was not a complete representation of his case, as it lacked detailed explanations and the petitioner's request for his advocate to be heard was ignored. As a result, the Municipal Council's decision to reject the appeal without proper consideration violated the principles of natural justice. 4. Consequently, the Court issued a writ of certiorari to quash the orders dismissing the petitioner's appeal and directed the Municipal Council to rehear the appeal, ensuring that the petitioner is given an effective opportunity to present his case either personally or through his advocate. 5. The writ petition was allowed, and no costs were imposed in this matter. Therefore, the Court upheld the petitioner's right to a fair hearing and ordered a rehearing of the appeal by the Municipal Council to ensure procedural fairness and adherence to natural justice principles.
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