Ajaya Kumar Pradhan And Anr vs Sub-Collector
2023 Latest Caselaw 1517 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 3685 OF 2023


            Ajaya Kumar Pradhan and anr.             ....           Petitioner(s)
                                                             Mr.S.K.Patra,Adv.
                                         -versus-

            Sub-Collector, Athamallik, Angul                  Opposite Party(s)
            and anr.

                                                            Mr.S.P.Panda,AGA
                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            17.02.2023
   01.       1.     Heard learned counsel for the Parties.

2. This Writ Petition involves the following prayer:-

"It prayed therefore that this Hon'ble Court may graciously be pleased to pass an order issue Rule NISI calling upon Opp. Parties to show cause and if they fail to show cause or so insufficient cause then issue appropriate writ, order, direction to quash the order dated 22.12.2022 (Annexure-3) and dated 20.01.2023 (Annexure-4) and direction may given to the Opp. Parties to mutated the above schedule land in favour of the Petitioners."

3. This Writ Petition involves rejection order of the Tahasildar, Kishorenagar in Mutation Case No. 814 of 2022 as well as the consequential rejection of Appeal in Mutation Appeal No. 01 of 2023 both of the grounds WILLNAMA involved therein was not probated. There is no dispute at Bar that there is already decision of this Court covering the case at hand. This Court accordingly in disposal of the Writ Petition observes as follows:-

"This Court in deciding the W.P.(C) No.10400 of 2021, even has taken some other decisions as indicated in paragraph no.7

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therein. In the above scenario and for the position of law on the issue of no need for registration and/or probate of Will involving property in the district of Angul, this Court finds, the position of law has been settled through the above judgment deciding no need of probate of such document particularly in respect of Angul District a District carved out of Dhenkanal District, which is already exempted from getting into such registration and/or probate of Will. For the settled position of law and since the orders at Annexures-3 & 4 have been passed in no consideration of settled position of law, this Court while setting aside both the orders at Annexures-3 & 4, remits the matter to the Tahasildar, Kishorenagar to dispose of the mutation case allowing in favour of the Petitioner keeping in view the settled position of law and giving direction for necessary correction in the Record of Rights."

4. The entire exercise shall be completed within a period of six weeks from the date of communication of an authenticated copy of this order by the Petitioners. The Petitioners are directed to appear before the Tahasildar, Kishorenagar along with a certified copy of this order on 27th February, 2023.

5. The Writ Petition stands disposed of with the above direction.

(Biswanath Rath) Judge

U.Nayak