Jaya Prakash Bhanja Deo vs State Of Odisha And Another .... ...
2024 Latest Caselaw 16476 Ori

Orissa High Court

Jaya Prakash Bhanja Deo vs State Of Odisha And Another .... ... on 11 November, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No.27052 of 2024
        Jaya Prakash Bhanja Deo                    ....                Petitioner

                                             Mr. Suryakanta Dash, Advocate

                                       -Versus-

        State of Odisha and another                ....         Opposite Parties
                                              Mr. Bibekananda Nayak, AGA

                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                       ORDER

Order                                 11.11.2024
No.
02.     1.      Heard Mr. Dash, learned counsel for the petitioner and Mr.
        Nayak, learned AGA for the State.

2. Instant writ petition is filed by the petitioner for a direction to the opposite parties and particularly, opposite party No.2 to cause mutation in respect of the case land situate over plot No.7973, Khata No.2876 in the concerned Mouza within a stipulated period.

3. Mr. Dash, learned counsel for the petitioner submits that despite a request pending since 2023 for mutation in respect of the land in question, RoR has not been issued in favour of the petitioner. It is further submitted that on the basis of decree in C.S. No.302 of 2003 in favour of the petitioner, no further adjudication is necessary and in view of the application moved, it shall be followed by issuance of mutation RoR, which has not taken place till date and while advancing such an argument, he refers to Rule

34(c) of the OS&S Rules, 1962 (hereinafter referred to as 'the Rules').

4. In response and reply to the above, Mr. Nayak, learned AGA for the State would submit that the decision to grant mutation should be decided on merit while considering the plea of the petitioner.

5. Perused the judgment and decree in C.S. No.302 of 2023 as at Annexure-1. The petitioner has applied for mutation in 2023 with the tentative date of delivery mentioned therein as 5th April, 2024. It is claimed that there has been delay in issuance of RoR which the Mutation Authority is to ensure in view of Annexure-1.

6. Considering the facts pleaded on record and submissions of learned counsel for the respective parties and contention with reference to Rule 34(c) of the Rules, since the petitioner has approached the concerned authority, namely, opposite party No.2 so revealed from Annexure-2, a direction is required to be issued to the said authority to ensure such issuance of RoR in view of the judgment and decree in C.S. No.302 of 2003.

7. Accordingly, it is ordered.

8. In the result, the writ petition stands disposed of with a direction to opposite party No.2 to ensure issuance of mutation RoR as soon as possible on a verification with regard to the decree in C.S. No.302 of 2003 subject to a condition that the such decree has not been challenged by the State thereafter and to comply the above direction same as soon as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

9. Urgent certified copy of this order be issued as per rules.

10. The certified copy of the decree as at Annexure-1 be returned Mr. Dash, learned counsel for the petitioner forthwith.

(R.K. Pattanaik) Judge

TUDU