Orissa High Court
Sankar Das And Another vs State Of Orissa And Others .... Opposite ... on 10 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23588 of 2025
(An application under Article 226 and 227 of the Constitution
of India, 1950)
Sankar Das and another .... Petitioners
-versus-
State of Orissa and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr.Dharmendra Sethy, Advocate
For Opposite Parties- Mr.B.R.Behera (for O.P. No.5)
Mr.S.Nayak, ASC
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :10.11.2025 :: Date of Judgment :10.11.2025
A.C. Behera, J. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the Petitioners praying
for quashing the impugned order dated 29.05.2025 (Annexure-5)
passed in Mutation Appeal No.66 of 2025 by the Sub-Collector,
Page 1 of 4
Balasore (O.P No.3), wherein, the Sub-Collector, Balasore (O.P
No.3) had remanded the matter i.e. Mutation Case No.4199 of 2023
to the Tahasildar, Balasore (O.P. No.4) for deciding the same afresh
as per law giving opportunity of being heard to the Parties after
setting aside the impugned order dated 01.05.2024 passed in
Mutation Case No.4199 of 2023 by the Tahasildar, Balasore (O.P.
No.4).
2. Heard from the learned counsel for the Petitioners, the learned
counsel for the O.P. No.5 and the learned Additional Standing
Counsel for the State.
3. During the course of hearing of the writ petition, the learned
counsel for the Petitioners submitted that, the impugned order dated
29.05.2025
(Annexure-5) passed in Mutation Appeal No.66 of 2025
by the Sub-Collector, Balasore (O.P No.3) cannot be sustainable
under law, because, the said impugned order has been passed
without providing any opportunity of being heard to the Petitioners.
To which, the learned counsel for the O.P. No.5 objected
contending that, the impugned order of remand for deciding the
Mutation Case No.4199 of 2023 afresh as per law after giving
opportunity of being heard to the Petitioners complying the
principles of natural justice shall not cause any prejudice to any of
the Parties including the Petitioners of this writ petition, because, the
same will be in furtherance of rendering substantial justice to the
Parties including the Petitioners of this writ petition.
The learned ASC for the State also did not support to the
aforesaid contentions of the learned counsel for the Petitioners.
4. When, as per the impugned order dated 29.05.2025
(Annexure-5) passed in Mutation Appeal No.66 of 2025, the Sub-
Collector, Balasore (O.P No.3) has remanded the Mutation Case
No.4199 of 2023 to the Tahasildar, Balasore (O.P. No.4) for
deciding the same afresh as per law giving opportunity of being
heard to the Parties thereof including the Petitioners in this writ
petition, then at this juncture, it is held that, the said impugned order
is neither prejudicial nor detrimental to the interest of any of the
Parties including the Petitioners in this writ petition, rather, the same
is beneficial to all the Parties including the Petitioners in this writ
petition for no other reason, but, for rendering substantial justice to
them (Parties).
For which, the question of interfering with the impugned order
dated 29.05.2025 (Annexure-5) passed in Mutation Appeal No.66 of
2025 by the Sub-Collector, Balasore (O.P No.3) through this writ
petition filed by the Petitioners does not arise.
5. Therefore, there is no merit in the writ petition filed by the
Petitioners, the same is to be dismissed.
6. In result, the writ petition filed by the Petitioners is dismissed.
7. The Tahasildar, Balasore (O.P. No.4) is directed to decide the
Mutation Case No.4199 of 2023 as per law as expeditiously as
possible within a period of two months from the date of appearance
of the Parties before the Tahasildar, Balasore (O.P. No.4) in
Mutation Case No.4199 of 2023.
8. The Parties of this writ petition are directed to appear before
the Tahasildar, Balasore (O.P. No.4) in Mutation Case No.4199 of
2023 on dated 21.11.2025 and to produce the certified copy of this
judgment for the purpose of receiving the directions of the
Tahasildar, Balasore (O.P. No.4) as to further proceedings of the
Mutation Case No.4199 of 2023 for deciding the same by the O.P.
No.4 finally within the time period as stipulated above in this
judgment.
9. As such, this writ petition filed by the Petitioners is disposed
of finally.
(A.C. Behera),
Digitally Signed Orissa High Court, Cuttack
10.11.2025/ Binayak Sahoo, Jr.Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Nov-2025 11:24:14
