Orissa High Court
Rani Goenka And Another vs Collector on 24 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32765 of 2024
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Rani Goenka and another .... Petitioners
-versus-
Collector, Khurda and Others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. P.K. Nanda,
Advocate.
For Opposite Parties - Mr. Gyanaloka Mohanty,
Addl. Standing Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :24.11.2025
A.C. Behera, J. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioners challenging
the impugned order dated 12.08.2025 (Annexure-4) passed in Mutation
Case No.14422 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P.
No.3) on the ground of non-compliance of the principles of natural
justice.
2. Heard from the learned counsel for the petitioners and learned SC
for the State.
3. The case of the petitioners is that, they (petitioners) filed this writ
petition praying for quashing the impugned order dated 12.08.2025
(Annexure-4) passed in Mutation Case No.14422 of 2025 by the Addl.
Tahasildar, Bhubaneswar (O.P. No.3) on the ground that, the said order
has been passed affecting their interest in the case land, without giving
any opportunity of hearing to them (petitioners).
The impugned order vide Annexure-4 passed by the Addl.
Tahasildar, Bhubaneswar (O.P. No.3) does not reveal about the providing
of any opportunity of hearing to the petitioners for passing of such
impugned order vide Annexure-4.
4. When, the impugned order vide Annexure-4 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.3 violating the principles of natural justice. For which, the impugned
order vide Annexure-4 cannot be sustainable under law.
Therefore, the impugned order dated 12.08.2025 (Annexure-4)
passed in Mutation Case No.14422 of 2025 by the Addl. Tahasildar,
Bhubaneswar (O.P. No.3) is liable to be quashed.
For which, it is held that, there is merit in the writ petition filed by
the petitioners. The same is to be allowed.
5. In result, the writ petition filed by the petitioners is allowed.
The impugned order dated 12.08.2025 (Annexure-4) passed in
Mutation Case No.14422 of 2025 by the Addl. Tahasildar, Bhubaneswar
(O.P. No.3) is quashed (set aside).
The matter vide Mutation Case No.14422 of 2025 is remitted back
(remanded back) to the Addl. Tahasildar, Bhubaneswar (O.P. No.3) 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.14422 of
2025 after providing opportunity of being heard to the parties thereof
including the petitioners in full compliance of the principles of natural
justice.
6. The parties to this writ petition are directed to appear before the
Addl. Tahasildar, Bhubaneswar (O.P. No.3) in Mutation Case No.14422
of 2025 on dated 03.12.2025 and to produce the certified copy of this
judgment for the purpose of receiving the directions of O.P. No.3 as to
further proceedings of the said Mutation Case No.14422 of 2025.
7. As such, this writ petition filed by the petitioners is disposed of
finally.
(A.C. Behera),
Judge.
Signature Not Orissa High Court, Cuttack.
Verified 24.11.2025//Utkalika Nayak//
Junior Stenographer
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 25-Nov-2025
11:12:26
