WP(C)/3828/2020
2021 Latest Caselaw 2976 Ori

                                  W.P.(C) No.3828 of 2021




02.   01.03.2021          Heard     Mr.   Deepak    Kumar        Mohapatra,   learned
                   counsel for the petitioner and Mr. Arun Kumar Mishra,
                   learned Additional Government Advocate for the State-
                   opposite party nos.1 to 4.
                         The petitioner in this writ petition prays for a
                   direction   to   set   aside    the   order    dated   20.02.2019
                   (Annexure-4) passed by the Tahasildar, Bisra in Mutation
                   Case No.192 of 2019.
                         It is submitted by Mr. Mohapatra, learned counsel for
                   the petitioner that pursuant to the judgment and decree
                   passed by learned Civil Judge (Senior Division), Rourkela
                   in Title Suit No.12 of 1994, the petitioner had filed
                   Mutation Case No.1447 of 2018 before the Tahasildar,
                   Bisra. Due to delay in disposal of the land mutation case,
                   the petitioner filed W.P.(C) No.13571 of 2020, which was
                   disposed of on 10.06.2020 with a direction to Tahasildar,
                   Bisra to conclude Mutation Case No.1447 of 2018 within
                   three months from the date of normal functioning of the
                   Office. In the meantime, on the basis of a fraudulent sale
                   deed, the opposite party no.5, namely, Sri Ranjit Biswal
                   filed Mutation Case No.192 of 2019 to correct the entry of
                   the R.O.R.. The Tahasildar, Bisra without considering the
                   fact that an earlier mutation case in respect of the case
                   land in Mutation Case No.1447 of 2018 filed by the
                   petitioner is pending, allowed Mutation Case No.192 of
                   2019 vide order dated 20.02.2019. Thus, the petitioner has
                   filed this writ petition.
                                  2




          In course of hearing, Mr. Mohapatra, learned counsel
     for the petitioner submits that the petitioner has an
     efficacious statutory remedy under Rule 42 of the Orissa
     Survey & Settlement Rules, 1962 (for short 'the Rules') to
     assail the impugned order under Annexure-4. Hence, he
     prays for withdrawal of the writ petition to approach the
     Appellate Authority under Rule 42 of the Rules assailing
     the impugned order under Annexure-4.
          Granting such liberty, this writ petition is disposed of
     as withdrawn.
             It is made clear that this Court has not expressed
     any opinion on the merits of the case.
          Certified copy of the impugned order filed in this writ
     petition shall be returned to learned counsel for the
     petitioner on being substituted by photocopy thereof.
             Urgent certified copy of this order be granted on
     proper application.
                                     ................................
jm                                   K.R. MOHAPATRA,J.