Nandkishor Agrawal vs State Of Odisha &Ors
2023 Latest Caselaw 5401 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.14043 of 2023


            Nandkishor Agrawal                       ....         Petitioner(s)
                                                    Mr. M.K. Mishra, Sr. Adv.
                                        -versus-

            State of Odisha &Ors.                    ....    Opposite Party(s)
                                                          Mr. S. Ghose, AGA


                      CORAM:
                      JUSTICE BISWANATH RATH

                                        ORDER

08.05.2023 Order No.

01. 1. This Writ Petition involves a challenge to the order of the Mutation Authority in Mutation Appeal No.38 of 2022. It appears, the authority appearing to be sitting over the judgment of the Division Bench of this Court in O.J.C. No.43 of 1974 dated 29.04.1975 and there has been further development by way of a Single Bench judgment again by this Court in disposal of W.P.(C) No.18439 of 2019 on 30.09.2019. There is clear disclosure that for the Single Bench judgment / order there has been registration of the property involved already by the competent authority and though the Mutation being applied but the mutation has been rejected and an appeal being preferred the petition has also come to be dismissed.

2. This Court prima facie satisfied with the fact that the mutation authority is attempting to overreach the judgment of this Court since 1975.

3. Mr. Ghose, learned State Counsel at this stage of the matter seeks some time to obtain instruction in this matter.

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4. This Court makes it clear that instruction should be confined to the legal aspect of the matter only.

5. List this matter on next Monday (15th May, 2023).

6. Free copy of this order be handed over to the learned State Counsel.

(Biswanath Rath) Judge Ayaskanta Jena

AYASKANT Digitally signed by AYASKANTA JENA

A JENA Date: 2023.05.10 11:14:44 +05'30'