Surendra Dharua vs Sub-Collector And Others
2022 Latest Caselaw 5855 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.24617 OF 2022


             Surendra Dharua                         ....         Petitioner(s)
                                                              Mr.J.Sahu,Adv.
                                          -versus-

             Sub-Collector and others                ....    Opposite Party(s)
                                                          Mr.S.P.Panda,AGA

                       CORAM:
                       JUSTICE BISWANATH RATH
                                      ORDER

 Order No.                          21.10.2022
     01.     1.      Since the mutation proceeding involved herein has been

allowed on the basis of a civil court decree, even assuming that an appeal involving such decree is pending, this Court observes, there is no scope for sitting over a civil court judgment and decree in taking a decision in mutation matter.

2. In the circumstance, this Court finds, there is no infirmity committed by either of the Courts involved herein. In disposal of the Writ Petition as not entertainable at this stage, this Court observes, preparation of mutated record presently shall be abided by the ultimate outcome in the civil suit.

3. With this observation, the Writ Petition stands disposed of.

(Biswanath Rath) Judge

Swarna