Amaresh Satpathy vs State Of Odisha & Ors
2023 Latest Caselaw 4781 Ori

            THE HIGH COURT OF ORISSA AT CUTTACK
                                  W.P.(C). NO.13023 OF 2023
         Amaresh Satpathy                                ....             Petitioner(s)
                                                                  Mr.K.A.Guru, Adv.
                                           -versus-

         State of Odisha & Ors.                          ....         Opposite Parties
                                                                   Mr.S.Mishra, ASC

                   CORAM:
                       JUSTICE BISWANATH RATH
                                  ORDER

Order                            01.05.2023
No.1

1. Heard learned counsel appearing for the parties. On consent of parties, the matter is taken up for final hearing.

2. During course of hearing, in reference to the rejection of registration on the premises of rejection of mutation case on the ground of non- probate of the will involved, it has been brought to the notice that the property situates in the district of Deogarh bifurcated district of erstwhile district Sambalpur. There is no dispute at Bar that for the issue involved herein already decided in W.P.(C).No.2852 of 2023 wherein in paragraph-5 it has been observed there is no need to probate the will in the district of Deogarh. The decided case also involves a case in the district of Deogarh. This Court finds there is clear support of the petitioner in his challenge the order at Annexure-2 which is interfered and sets aside. However, for there is requirement of fresh disposal of Mutation Case No. 172 of 2018, without insisting the probate of the will involved in Mutation Case No.172 of 2018, the Additional Tahasildar, Deogarh is directed for fresh disposal of the same while also keeping in view the judgment of this Court in W.P.(C).No.2852 of 2023. The fresh exercise be completed within a period of two months from the date of communication of copy of this order by the petitioner.

3. A free copy of this order be handed over to the learned State Counsel for doing the needful.

                                                                (Biswanath Rath)
                                                                       Judge


   sks
         SUSIL       Digitally signed
                     by SUSIL KUMAR
         KUMAR       SWAIN

                     Date: 2023.05.02
         SWAIN       13:02:09 +05'30'