Sk Zilani vs State Of Odisha And Another
2021 Latest Caselaw 8930 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.25008 of 2021
                 Sk Zilani                              ....       Petitioner
                                                Mr. S.S.K. Nayak, Advocate
                                          -versus-
                 State of Odisha and another            .... Opp. Parties

                                                       Mr. Swayambhu Mishra,
                                                    Additional Standing Counsel
                       CORAM:
                       JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No.                              26.08.2021

 02.        1.       This matter is taken up through hybrid mode.

2. The grievance of the Petitioner in this writ petition is with regard to inaction of the Tahasildar, Dhamnagar-Opposite Party No.2 in accepting the Mutation Case filed by the Petitioner pursuant to the judgment and decree passed by learned Civil Judge (Senior Division), Bhadrak in C.S. No.27 of 2020.

3. It is submitted by Mr. Nayak, learned counsel for the Petitioner that pursuant to the judgment and decree passed by learned Civil Judge (Senior Division), Bhadrak in C.S. No.27 of 2020, the Petitioner filed an application for mutation of the case land in his name. But the Tahasildar is not accepting the same for which this writ petition has been filed for a direction to the Tahasildar to accept the mutation application and record the case land in his name pursuant to the direction in the civil suit.

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4. Mr. Mishra, learned Additional Standing Counsel submits that he has no instruction in the matter. However, if the Petitioner is directed to file a properly constituted petition along with relevant documents and requisite fees, the Tahasildar shall accept the same and adjudicate the matter in accordance with law.

5. Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on merits of the case, disposes of the writ petition with a direction that in the event the Petitioner files a mutation application before the Tahasildar, Dhamnagar-Opposite Party No.2 in proper format along with relevant documents enclosing certified copy of this order within a period of two weeks hence, the Tahasildar, Dhamnagar-Opposite Party No.2 shall do well to accept the same and take a decision in accordance with law giving opportunity of hearing to the parties concerned.

6 Issue urgent certified copy of this order on proper application.

(K.R.Mohapatra) Judge jm