Malati Naik vs Collector
2023 Latest Caselaw 10092 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) NO.23518 OF 2023

        Malati Naik                               ....              Petitioner
                                                       Mr.D.K.Sahoo, Adv.

                                       -versus-

        Collector, Boudh & ors.                   ....        Opposite Parties
                                                            Mr.U.K.Sahoo, ASC

                    CORAM:
                    JUSTICE BISWANATH RATH

                                     ORDER

Order                                25.8.2023
No.

2 1. Heard learned counsel for the Parties.

2. Only ground available in challenge to the order passed in

Mutation Case No.52/2021 appears to be refusal of the mutation

proceeding on the premises of no Probate of Will involved therein

and dependent on the observation in the communication dated

7.5.2018. This Court involves the submission of the Party on

contest.

3. Mr.Sahoo, learned State Counsel submits, for there is

disposal of the mutation proceeding dependent on the direction

contained in the communication dated 7.5.2018, no fault may be

found with the Mutation Authority in dismissing the matter. There

is, however, no dispute that Boudh is since a deparate district carved

out from the original District Phulbani, there is no need of Probate of

// 2 //

Will. This Court finds, there is operation of an order under the

heading, "The Administration of Orissa States Orders, 1948".

Perusal of Order Nos.4 therein, Boudh District is already stood

covered in getting exemption from the Probate of Will.

4. It is keeping this in view, further application of the judgment

of this Court through 2022(II) OLR-1030 (Siba Sankar Sahoo vrs.

State of Odisha & ors.) and keeping in view similar subject through

the order dated 30.11.2022 passed in W.P.(C) No.32009 of 2022

particularly dealing with Boudh District, this Court finds, the

Petitioner has a case made out requiring interference in the order at

Annexure-4.

5. This Court, therefore, interfering with the impugned order

dated 23.6.2021, vide Annexure-4 sets aside the same and remits the

matter to the Additional Tahasildar, Harbhanga, O.P.3 for

undertaking fresh exercise giving a lawful disposal however without

insisting the Probate of Will involved therein.

6. With the above order, the Writ Petition stands disposed of.

(Biswanath Rath) Judge

Signature Not Verified Digitally Signed Signed by: MANOJ KUMAR ROUT Reason: Authentication Location: High Court ofM.K.Rout Orissa Date: 29-Aug-2023 10:53:25