Braja Behari Subudhi & Ors vs State Of Odisha & Ors
2022 Latest Caselaw 5806 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) NO.22300 OF 2022

            Braja Behari Subudhi & ors.              ....               Petitioners

                                                          Mr.B.Pradhan, Adv.

                                          -versus-

            State of Odisha & ors.                   ....      Opposite Party(s)

                                                          Mr.S.P.Panda, AGA

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

Order No.                              20.10.2022
  3.        1.      Heard learned counsel for the Parties.

2. Pursuant to the order of this Court dated 18.10.2022,

Ms.Rumana Jafri, Tahasildar, Jatni appears before this Court in

person. Ms.Madhusmita Nanda, Additional Tahasildar, Jatni, is also

present. Both of them file their respective affidavits.

3. For the opinion of this Court, the Mutation Case never

involves adjudication of any dispute. The only foundation sought to

be in such proceeding whether the Application has foundation to

such claim or not and dependent on the foundation may be if it is in

shape of judgment and decree or registered instrument, the Authority

may simply allow the Application leaving the Parties to find any

controversy through appropriate courts. Even though lot of

explanations have been submitted by both the Tahasildar and the

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Additional Tahasildar, this Court is not satisfied as regard pendency

of this nature of litigation for eleven years. It appears, the Tahasildar

involved herein has joined hardly four months whereas the

Additional Tahasildar, who is taking up the matter, has also joined

for about one year back. There must be involvement of number of

Tahasildars and/or Additional Tahasildars. Majority of the

difficulties in non-disposal of the proceeding lies with their

Predecessors for not taking up such issue in justified time.

4. In course of hearing, learned counsel for the Petitioners files

an affidavit of Petitioner No.2 alleging that even though Petitioner

No.2 was called for to attend the Office of the Additional Tahasildar

through the R.I. and in spite of the fact the Petitioner attending to

such case but there is no finality to the proceeding involved. An

affidavit is also filed in Court today to that effect. There has been

counter affidavit stating that there is no instruction or direction by

the Additional Tahasildar for appearance of the Petitioner or

Petitioners. For the allegation and counter allegation, this Court is

not inclined to enter into any such controversy.

5. However, looking to the nature of relief sought for in the

Writ Petition, there should not be any doubt that mutation

proceeding could be pending after four months even. Further when

the Mutation Case is based on Civil Court judgment & decree, there

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should not be wastage of a minute time even except waiting for

response from any contesting O.P. therein. In the event the

Tahasildar or the Additional Tahasildar smells any controversy, their

role being limited having no adjudicating power, the decision should

be dependent only on the existing material. There is no scope for

sitting over the Civil Court adjudication. In the fitness of things and

looking to the nature of claim of the Mutation Case, this Court finds,

such litigation is kept pending before the Tahasildar and the

Additional Tahasildar for long period of eleven years.

6. While expressing its anxiety, however taking into

consideration the recent joining of both the Officers in the Jatni

Tahasil, this Court while letting both the Tahasildar, Jatni and

Additional Tahasildar, Jatni hopes and expects, both the Officers

will be careful enough in timely disposing of Mutation Cases

involved coming on their Board and not allowing any such complain

to this Court in future. While directing to serve copy of this order on

all the District Magistrate & Collectors of all the districts for issuing

necessary instruction to all the Tahasildars and Additional

Tahasildars in their respective districts to find disposal of Mutation

Cases within a reasonable time at least within a period of four

months from the date of filing, this Court hopes and trusts, the

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Tahasildars and the Additional Tahasildars shall ensure speedy

disposal of such proceedings.

7. This Court disposing of the Writ Petition records the date of

posting of Mutation Case, as undertaken by the Additional

Tahasildar, Jatni, to 28.10.2022 and directs the Petitioners to either

to attend the Mutation Case proceeding by themselves or through

their Lawyer. Since the claim is based on the judgment and decree of

the competent Civil Court, the Additional Tahasildar, Jatni is

directed to enter into hearing involving the Mutation Case on the

same date and further passing order at least within three working

days thereafter. All the affidavits filed in Court be kept on Record.

Personal appearance of the Officers is dispensed with.

8. A free copy of this order be supplied to Mr.Panda, learned

A.G.A. for onward transmission to all the District Collectors of the

State, who in turn shall issue necessary direction to the respective

Tahasildars and Additional Tahasildars in their districts.

(Biswanath Rath) Judge M.K.Rout