Orissa High Court

Ashok Kumar Khandelwal vs Sub-Registrar on 7 July, 2025

                 ORISSA HIGH COURT : CUTTACK




                     WP(C) No.13226 of 2025

An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Ashok Kumar Khandelwal ... Petitioner.

-VERSUS-

Sub-Registrar, Betnoti, Mayurbhanj & Another ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. G.N. Parida, Advocate

For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.

P R E S E N T:

HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 07.07.2025 :: Date of Judgment : 07.07.2025

J UDGMENT

ANANDA CHANDRA BEHERA, J.--

1. This writ petition has been filed by the petitioner

challenging the impugned final order dated 28.02.2025

passed in F.A.O. No.3 of 2023 under Section 47-A(3) of the

Indian Stamp Act, 1899 by the learned District Judge,

Mayurbhanj at Baripada on the ground of non-application of

mind.

2. Heard from the learned counsel for the petitioner and

learned SC for the State.

3. During the course of hearing, learned counsel for the

petitioner drew the attention of this Court to the paragraph

No.7 of the impugned order dated 28.02.2025 (Annexure-7)

passed in F.A.O No.3 of 2023 by the learned District Judge,

Mayurbhanj contending that, the learned District Judge,

Mayurbhanj has reflected/narrated the materials of an

another case concerning temporary injunction in the

impugned order vide Annexure-7 passed in F.A.O. No.03 of

2023, which has no nexus/connection with the matters of the

said F.A.O. No.3 of 2023.

4. Learned SC for the State also did not dispute to the

aforesaid contentions of the learned counsel for the petitioner

about the reference of an another matter concerning

temporary injunction in Para No.7 of the impugned order vide

Annexure-7 for passing of such Annexure-7 by the learned

District Judge, Mayurbhanj, which has no nexus/connection

with the matters in dispute in F.A.O. No.3/2023 between the

parties.

5. The non-application of the mind of the learned District

Judge, Mayurbhanj, Baripada is well evident from the Para

No.7 of the impugned order dated 28.02.2025 (Annexure-7)

passed in F.A.O. No.03 of 2023. Because, the learned District

Judge, Mayurbhanj has passed the impugned order vide

Annexure-7 referring to an another matter in Para No.7 of that

Annexure-7, which is not connected with the matter in

dispute between the parties.

For which, it is held that, the impugned order dated

28.02.2025 (Annexure-7) passed by the learned District

Judge, Mayurbhanj, Baripada in F.A.O. No.3 of 2023 is bad

for non-application of mind, which is against the principles of

natural justice.

Therefore, the impugned order dated 28.02.2025

(Annexure-7) passed in F.A.O. No.3 of 2023 by the learned

District Judge, Mayurbhanj, Baripada cannot be sustainable

under law. The same is liable to be quashed.

6. Therefore, there is merit in the writ petition filed by the

petitioner. The same is to be allowed.

7. In result, the writ petition filed by the petitioner is