Suman Shirke vs State Of Odisha And Another .... ...
2025 Latest Caselaw 11381 Ori

Orissa High Court

Suman Shirke vs State Of Odisha And Another .... ... on 16 December, 2025

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No.34277 of 2025
        (An application under Articles 226 and 227 of the Constitution of India, 1950)


        Suman Shirke                                      ....             Petitioner
                                           -versus-
        State of Odisha and Another                       ....      Opposite Parties
                 Appeared in this case by Hybrid Arrangement
                                (Virtual/Physical Mode):

                    For Petitioner         -       Mr. R.N. Behera,
                                                   Advocate.

                    For Opposite Parties         - Mr. S. Nayak,
                                                   Addl. Standing Counsel.


                    CORAM:
                    HON'BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :16.12.2025

A.C. Behera, J. This writ petition under Articles 226 & 227 of the

Constitution of India, 1950 has been filed by the petitioner challenging

the impugned order dated 16.10.2025 passed in Mutation Case No.8434

of 2025 by the Tahasildar, Banapur (O.P. No.2) on the ground of non-

providing of opportunity of being heard to the petitioner.

2. Heard from the learned counsel for the petitioner and learned ASC

for the State.

3. The impugned order dated 16.10.2025 passed in Mutation Case

No.8434 of 2025 by the Tahasildar, Banpur (O.P. No.2) does not reveal

about the providing of any opportunity of hearing to the petitioner for

passing of such impugned order.

4. When, the impugned order does not reveal about the providing of

any opportunity of hearing to the petitioner, then at this juncture, it is held

that, the impugned order has been passed by the O.P. No.2 violating the

principles of natural justice. For which, the impugned order vide

Annexure-5 cannot be sustainable under law.

Therefore, the impugned order dated 16.10.2025 (Annexure-5)

passed in Mutation Case No.8434 of 2025 by the Tahasildar, Banpur

(O.P. No.2) is liable to be quashed.

For which, it is held that, there is merit in the writ petition filed by

the petitioner. The same is to be allowed.

5. In result, the writ petition filed by the petitioner is allowed.

The impugned order dated 16.10.2025 (Annexure-5) passed in

Mutation Case No.8434 of 2025 by the Tahasildar, Banpur (O.P. No.2) is

quashed (set aside).

The matter vide Mutation Case No.8434 of 2025 is remitted back

(remanded back) to the Tahasildar, Banpur (O.P. No.2) to decide the

same afresh as per law within a period of two months from the date of

appearance of the parties in the said Mutation Case No.8434 of 2025 after

providing opportunity of being heard to the parties thereof including the

petitioner in full compliance of the principles of natural justice.

6. The parties to this writ petition are directed to appear before the

Tahasildar, Banpur (O.P. No.2) in Mutation Case No.8434 of 2025 on

dated 08.01.2026 and to produce the certified copy of this judgment for

the purpose of receiving the directions of O.P. No.2 as to further

proceedings of the said Mutation Case No.8434 of 2025.

7. As such, this writ petition filed by the petitioner is disposed of

finally.

(A.C. Behera), Judge.

Orissa High Court, Cuttack.

16.12.2025//Rati Ranjan Nayak// Senior Stenographer