Orissa High Court
Alekha Rout And Others vs State Of Odisha And Others on 7 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 35861 OF 2021
Alekha Rout and others .... Petitioners
Mr. Bhagaban Behera, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr.Dillip Kumar Mishra,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 07.02.2022
3. 1. This matter is taken up through hybrid mode.
2. The Petitioners in this writ petition pray for a direction to the
Tahasildar, Bhubaneswar-Opposite Party No. 3 for early disposal of
Mutation Case No. 22982 of 2017.
3. It is submitted by Mr. Behera, learned counsel for the
Petitioners that pursuant to the judgment and decree passed by learned
Munsif, Bhubaneswar in T.S. No. 24 of 1990-1, the Petitioners filed
Mutation Case No. 22982 of 2017 before the Tahasildar, Bhubaneswar
to record the land in question in their name. Since the mutation case
was not disposed of, the Petitioners approached this Court in W.P.(C)
No. 3742 of 2021,which was disposed of vide order dated 12th April,
2021 taking into consideration the statement made by learned
Additional Government Advocate to the effect that said mutation case
has already been dropped since 16th February, 2018.
4. After disposal of the said writ petition, the Petitioners applied
for certified copy of the final order passed in Mutation Case No. 22982
of 2017 and was intimated that the said record is not traceable.
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5. In view of the above, the Petitioners finding no other alternative
either to get the order passed in Mutation Case No. 22982 of 2017 or to
challenge the same have filed this writ petition.
6. In course of hearing, Mr. Behera, learned counsel for the
Petitioners submits that interest of justice will be best served, if the
Petitioners are permitted to file a fresh mutation case and a direction
may be made for early disposal of the same in accordance with law
without being influenced by the order, if any, passed in Mutation Case
No. 22982 of 2017.
7. Mr. Mishra, learned Additional Government Advocate does not
have any objection to the same. He, however, submits that if such
mutation case is filed, the same should be disposed of in accordance
with law.
8. Taking into consideration the submissions made by the learned
counsel for the parties, this Court without expressing any opinion on
the merits of the case disposes of this writ petition with a direction that
in the event the Petitioners file an application for mutation of the land
involved in T.S. No. 24 of 1990-1 within a period of two weeks hence
along with certified copy of this order, the Tahasildar, Bhubaneswar-
Opposite Party No.3 shall receive the same and make an endeavour for
early disposal of the same as expeditiously as possible preferably
within a period of six months therefrom following due procedure of
law.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
bks/ms Judge
