Shishir Kumar Samal & Ors vs Collector
2022 Latest Caselaw 4797 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) NO.18098 OF 2022

            Shishir Kumar Samal & ors.                ....            Petitioners

                                                           Mr.M.Mohanty, Adv.

                                           -versus-


            Collector, Kendrapara & ors.              ....      Opposite Party(s)

                                                           Mr.S.K.Ghosh, AGA

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

16.9.2022 Order No.

01. 1. Heard learned counsel for the Parties.

2. This is an unfortunate case where the Mutation Case

involves 150 parties as O.Ps. therein and disposal of the same

getting held up only non-service of notice on all the O.Ps. Petitioners

claimed the request for mutation involves a judgment and decree of

the Civil Court. The Petitioners establishing through Page-46 of the

Brief draws the attention of this Court that by virtue of disposal of

W.P.(C) No.17538/2016, notice has been issued to O.Ps.136. This

Court finds, for there involved so many parties, for the interest of

justice, the Petitioners should have applied to the Mutation

Authority for undertaking paper publication exercise instead of

issuing notice of such Parties individually. From the Cause Title this

Court again finds so many Parties already above eighty years even.

// 2 //

In the circumstance and as the Mutation Application involved nearly

150 Parties, though this Court is not in a position to target the

Mutation Case.

3. In the circumstance, while declining to accede to the request

of the Petitioners, this Court however observes, in the event the

Petitioners move an Application to the Mutation Authority for

undertaking paper publication exercise of service of notice on all

such O.Ps. within seven days hence, such Application shall be

considered and disposed of within fifteen days thereafter with

undertaking of exercise in approving the paper publication notice on

submission of draft paper publication within three days of the order

and within further four days, there shall be approval of the paper

publication by the Tahasildar, Mahakalpada himself, based on such

approval giving date of appearance involving all such Parties, who

have not been noticed in the meantime. Seven days after the date of

appearance, following the date of appearance published in the paper

publication, the Proceeding will be taken up for hearing and decided

at least within two months thereafter.

4. The Writ Petition stands disposed of accordingly.

(Biswanath Rath) Judge M.K.Rout