Citation : 2025 Latest Caselaw 10173 Ori
Judgement Date : 19 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21089 of 2025
(An application under Article 226 and 227 of the Constitution
of India, 1950)
Blue Chip Project Pvt. Ltd., Puri .... Petitioner
-versus-
State of Orissa and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr.N.K.Sahu, Advocate
For Opposite Parties- Mr.G.N.Rout (for O.P. No.7)
Ms.J.Sahoo, ASC
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :19.11.2025 :: Date of Judgment :19.11.2025
A.C. Behera, J. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the Petitioner praying
for quashing the impugned order dated 14.02.2025 (Annexure-9)
passed in Mutation Appeal No.114 of 2020 by the Sub-Collector,
Bhubaneswar (O.P No.3) on the ground of non-compliance of the
principles of natural justice stating in the writ petition that, without
sufficiency of summon and without intimating the Petitioner of the
writ petition about the Appeal vide Mutation Appeal No.114 of
2020, the final order in the said appeal under Annexure-9 has been
passed, which ultimately affected the interest of the Petitioner. For
which, the Petitioner has challenged the same by filing this writ
petition.
2. Heard from the learned counsel for the Petitioner, the learned
counsel for the O.P. No.7 and the learned Additional Standing
Counsel for the State.
3. Nowhere in the impugned final order passed in Mutation
Appeal No.114 of 2020 by the Sub-Collector, Bhubaneswar (Opp.
Party No.3), there is indication/reflection about the service of
summon against the Petitioner of this writ petition in that Mutation
Appeal No.114 of 2020.
As such, the impugned order dated 14.02.2025 in Mutation
Appeal No.114 of 2020 has been passed by the Sub-Collector,
Bhubaneswar (O.P No.3) affecting the interest of the petitioner
without giving any opportunity of hearing to the Petitioner in that
Mutation Appeal No.114 of 2020.
4. So, the impugned order dated 14.02.2025 (Annexure-9) has
been passed in Mutation Appeal No.114 of 2020 by the Sub-
Collector, Bhubaneswar (O.P No.3) in violation of the principles of
natural justice. For which, the said impugned order dated 14.02.2025
under Annexure 9 cannot be sustainable under law.
Therefore, there is justification under law for making
interference with the same through this writ petition filed by the
Petitioner.
As such, there is merit in the writ petition filed by the
Petitioner. The same is to be allowed.
6. In result, the writ petition filed by the Petitioner is allowed.
7. The impugned order dated 14.02.2025 (Annexure-9) passed in
Mutation Appeal No.114 of 2020 by the Sub-Collector,
Bhubaneswar (O.P No.3) is quashed.
8. The matter vide Mutation Appeal No.114 of 2020 is remitted
back to the Sub-Collector, Bhubaneswar (O.P No.3) for deciding the
same afresh as per law after giving opportunity of being heard to all
the Parties thereof including the Petitioner as expeditiously as
possible within a period of two months from the date of appearance
of the parties before the Sub-Collector, Bhubaneswar (O.P No.3) in
Mutation Appeal No.114 of 2020.
9. The Parties in this writ petition are directed to appear before
the Sub-Collector, Bhubaneswar (O.P No.3) in Mutation Appeal
No.114 of 2020 on dated 29.11.2025 for the purpose of receiving the
directions of the Sub-Collector, Bhubaneswar (O.P No.3) as to
further proceedings of the said Mutation Appeal No.114 of 2020.
10. As such, this writ petition filed by the Petitioner is disposed of finally.
(A.C. Behera), Judge Orissa High Court, Cuttack 19.11.2025/ Binayak Sahoo, Jr.Stenographer
Location: High Court of Orissa, Cuttack
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