Bipin Bihari Tripathy vs State Of Odisha
2023 Latest Caselaw 8865 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.15954 of 2022

            Bipin Bihari Tripathy                        ....          Petitioner(s)
                                                         Mr. P.K. Satapathy, Adv.

                                           -versus-
            State of Odisha                              ....       Opposite Party(s)
                                                              Mr. U.K. Sahoo, ASC
                                                               Mr. S.K. Dash, Adv.
                      CORAM:
                      JUSTICE BISWANATH RATH
                                         ORDER

Order No. 08.08.2023

05. 1. This Writ Petition involves the following prayer:

"The petitioner therefore prays that your Lordships would be graciously pleased to admit this Writ Petition, call for records, after hearing the parties issue writ/writs in the nature of certiorari/mandamus or any other writ/directions directing the Sub- Collector, Bhubaneswar to accept the petitioner's application under Annexure-1 regarding recall of the order dated 03.12.2021 passed in Mutation Appeal No. 195 of 2019 and dispose of the same in accordance with law within a stipulated period.

And this Hon'ble Court may be graciously pleased to set-aside the order dated 03.12.2021 passed in Mutation appeal No.195/2019 by the Sub-Collector, Bhubaneswar."

2. In filing this Writ Petition the Petitioner has challenged the inaction of the Sub-Collector, Bhubaneswar in not accepting the petition presented before him for recalling of the order dated 3.12.2021 passed in Mutation Appeal no.195/2019 on the ground that the same has been passed without impleading him as an Opposite Party in Mutation Appeal and the Appellate Authority has passed an ex parte order in cancelling the record of rights in his name.

3. Taking this Court to the grounds taken in this Writ Petition together with the judgment of this Court in W.P.(C) No.18207 of 2022 learned counsel for Petitioner contended that the issue involved

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herein is already decided by the judgment of this Court in W.P.(C) No.18207 of 2022 and therefore claimed that the benefit granted therein should be extended to the Petitioner herein.

4. Learned State Counsel, on the other hand, though did not dispute to the factual aspect herein, however, also contended that the principle requires to be decided here is already decided through the judgment of this Court in the above noted Writ Petition and accordingly, submitted that the judgment of this Court dated 26.07.2022 in W.P.(C) No.18207 of 2022 is squarely applicable to the case at hand.

5. Considering the rival contentions of the parties, this Court finds, there is no dispute at Bar that the judgment of this Court dated 26.07.2022 passed in W.P.(C) No.18207 of 2022 has clear application to the case at hand. This Court, therefore, while allowing this Writ Petition interfering in the impugned order dated 3.12.2021 passed by the Sub-Collector, Bhubaneswar in Mutation Appeal No.195/2019, sets aside the same. This Court here clarifies that interference of this Court in the appellate order has nothing to do with the Civil Suit pending, which proceeding has to be decided on its own merit.

6. Writ Petition stands disposed of with the above order.

(Biswanath Rath) Judge Ayaskanta Jena

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Aug-2023 15:02:50