Orissa High Court
WP(C)/6/2021 on 6 January, 2021
W.P.(C) No.6 of 2021
02. 06.01.2021 Due to outbreak of COVID-19, this matter is taken
up through Video Conferencing.
Heard Mr. D.R. Swain, learned counsel for the
petitioners and Mr. S.S. Kanungo, learned Additional
Government Advocate for the State-opposite parties.
The petitioners in this writ petition have prayed for
a direction for early disposal of Mutation Case No.6631
of 2020 pending before the Tahasildar, Sadar, Cuttack.
Mr. Swain, learned counsel for the petitioners
submits that the petitioners-deity through its Marfatdar
had filed T.S. No.514 of 1996 for declaration of right,
title, interest and possession over Sabik Khata No.914,
Sabik Plot No.917 in Mouza-Bisinabar under Cuttack
Town, Unit No.17. The said suit was decreed vide
judgment dated 30.10.2006. He further submits that in
the meantime, although fourteen years have already
elapsed and the said judgment passed in T.S. No.514 of
1996 still in force, the concerned Tahasildar is not
taking any step to correct the record in the name of the
deity. Hence, the deity through its Marfatdar filed
Mutation Case No.6631 of 2020 before the Tahasildar,
Sadar, Cuttack for recording of the case land in its name
in terms of the judgment and decree passed in T.S.
No.514 of 1996. It is his submission that due to the
inaction of the Tahasildar, Sadar, Cuttack in taking step
to record the land in question in the name of the deity,
the petitioners are constrained to move this Court for the
aforesaid relief.
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Mr. Kanungo, learned Additional Government
Advocate for the State, on the other hand, submits that
he has no instruction with regard to the fate of the
judgment and decree passed in T.S. No.514 of 1996. In
the meantime fourteen years have already elapsed. It
further reveals that Mutation Case No.6631 of 2020 has
been filed very recently. Thus, the writ petition is
premature.
Taking into consideration the submissions made by
learned counsel for the parties, this Court is of the
considered opinion that the Tahasildar, Sadar, Cuttack
should take steps for early disposal of Mutation Case
No.6631 of 2020 verifying the relevant records.
It is, therefore, directed that the Tahasildar, Sadar,
Cuttack-opposite party no.4 shall do well to make an
enquiry as to whether the judgment and decree passed
in T.S. No.514 of 1996 is still in force and whether any
appeal has been filed against the said judgment and
decree and also make an endeavour for disposal of
Mutation Case No.6631 of 2020 as expeditiously as
possible preferably within a period of eight months from
the date of production of an authenticated copy of this
order giving opportunity of hearing to the parties
concerned, if there is no legal impediment.
It is made clear that this Court has not expressed
any opinion on the merits of the case of the parties.
With the aforesaid observation and direction, this
writ petition is disposed of.
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Authenticated copy of this order downloaded from
the website of this Court in the manner prescribed in
this Courts Notice No.4587 dated 25.03.2020 shall be
treated at par with the certified copy of this order.
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K.R. MOHAPATRA,J.
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