Sambit Kumar Jagdev vs Collector
2023 Latest Caselaw 1798 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No. 5587 OF 2023

            Sambit Kumar Jagdev                    ....         Petitioner(s)
                                                         Mr.M.K.Dash,Adv.
                                        -versus-

            Collector, Khordha and others          ....        Opposite Party(s)
                                                             Mr.S.Mishra,ASC


                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            27.02.2023
   01.       1.     Heard learned counsel for the Parties.

2. The Appellate order vide Annexure-6 has been challenged on two premises. One the Appellant therein not being a party to the mutation proceeding cannot bring in the mutation Appeal keeping in view the limited role in the Appellate Authority in such matters.

3. Secondly, in entertaining the Appeal by the order dated 08.11.2021, there has been condonation of delay without issuing notice to the respondents therein. It is made clear that the present Writ Petition is at the instance of son of the Respondent No.3 in the Mutation Appeal No.27 of 2020. This Court is inclined to issue notice to the Opposite Parties on the question of admission.

4. Since Opposite Party Nos.1 to 3 will be represented by learned State Counsel, three extra copies of the brief be served on him within three working days.

// 2 //

5. Notice be issued to Opposite Party No.4 by way of Speed Post/ Registered Post with A.D., fixing short returnable date. Requisites, as undertaken, be filed by 01.03.2023.

                                                             (Biswanath Rath)
                                                                  Judge
                                             ORDER
                                            27.02.2023
Order No.                              I.A. No.2469 of 2023
   02.            1.     Issue notice as above.
                  2.     Accept one set of process fee.

3. As an interim measure, it is directed that there shall be stay operation of the final judgment in Mutation Appeal order dated 11.12.2021 vide Annexure-5 series along with status quo as on date in respect of the Plot No.22, Khata No.19, Area Ac.0.350 dec under Mouza-Chatrapur shall be maintained by both parties till the next listing of the case.

(Biswanath Rath) Judge S.Dash