Gitanjali Jena vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 10674 Ori

Orissa High Court

Gitanjali Jena vs State Of Odisha And Others .... Opposite ... on 29 November, 2025

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No.33539 of 2025
        (An application under Articles 226 and 227 of the Constitution of India, 1950)


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

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

                    For Opposite Parties         - Mr. Tej Kumar,
                                                   Standing Counsel


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

Date of Hearing and Judgment :29.11.2025

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 11.10.2025 (Annexure-2) passed in Mutation

Case No.19135 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P.

No.4) 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 case of the petitioner is that, she (petitioner) filed this writ

petition praying for quashing the impugned order dated 11.10.2025

(Annexure-2) passed in Mutation Case No.19135 of 2025 by the Addl.

Tahasildar, Bhubaneswar (O.P. No.4) on the ground that, the said order

has been passed without giving any opportunity of hearing to her

(petitioner).

The impugned order vide Annexure-2 passed by the Addl.

Tahasildar, Bhubaneswar (O.P. No.4) does not reveal about the providing

of any opportunity of hearing to the petitioner for passing of such

impugned order vide Annexure-2.

4. When, the impugned order vide Annexure-2 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.4 violating the principles of natural justice. For which, the impugned

order vide Annexure-2 cannot be sustainable under law.

Therefore, the impugned order dated 11.10.2025 (Annexure-2)

passed in Mutation Case No.19135 of 2025 by the Addl. Tahasildar,

Bhubaneswar (O.P. No.4) 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 11.10.2025 (Annexure-2) passed in

Mutation Case No.19135 of 2025 by the Addl. Tahasildar, Bhubaneswar

(O.P. No.4) is quashed (set aside).

The matter vide Mutation Case No.19135 of 2025 is remitted back

(remanded back) to the Addl. Tahasildar, Bhubaneswar (O.P. No.4) 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.19135 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

Addl. Tahasildar, Bhubaneswar (O.P. No.4) in Mutation Case No.19135

of 2025 on dated 08.12.2025 and to produce the certified copy of this

judgment for the purpose of receiving the directions of O.P. No.4 as to

further proceedings of the said Mutation Case No.19135 of 2025.

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

finally.

(A.C. Behera), Judge.

Orissa High Court, Cuttack.

29.11.2025//Utkalika Nayak// Junior Stenographer

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Dec-2025 10:50:14