Orissa High Court
Santosh Kiran Majhi vs Addl. Sub-Collector on 11 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36232 of 2023
(An application under Article 226 and 227 of the Constitution of India, 1950)
Santosh Kiran Majhi .... Petitioner
-versus-
Addl. Sub-Collector, Berhampur, .... Opposite Parties
Ganjam and others
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. S. Biswal,
Advocate.
For Opposite Parties- Mr. P. Mohanty,
Sr.Advocate. (for O.P. No.2)
Mr. G. Mohanty,
Sanding Counsel (for O.P. Nos.1 & 4)
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :11.09.2025 :: Date of Judgment :11.09.2025
A.C. Behera, J. Heard from the learned counsel for the petitioner,
learned senior advocate for O.P. No.2 and learned SC for O.P. Nos.1 & 4.
2. This writ petition under Articles 226 and 227 of the Constitution of
India, 1950 has been filed by the petitioner praying for quashing (setting
aside) the final order dated 18.07.2023 (Annexure-4) passed by the Addl.
Sub-Collector, Berhampur, Ganjam (O.P. No.1) in Mutation Appeal Case
No.88 of 2023 on the ground that, the petitioner (who was the respondent
No.2 in the Mutation Appeal Case No.88 of 2023) was not given
opportunity of being heard in that Mutation Appeal Case No.88 of 2023
by the Addl. Sub-Collector, Berhampur, Ganjam (O.P. No.1). For which,
the said order vide Annexure-4 is required to be quashed.
To which, learned senior advocate for the O.P. No.2 objected
contending that, the impugned order vide Annexure-4 itself speaks that,
despite news paper publication, respondent No.2 of that Mutation Appeal
Case No.88 of 2023 (petitioner in this writ petition) was absent. So, it
cannot be held that, the impugned order was passed without giving
opportunity of being heard to the petitioner.
3. It has been reflected in the impugned order dated 18.07.2023
(Annexure-4) by the O.P. No.1 that,
"Notices duly served. The advocate for appellant is present and
Addl. Govt. Pleader appeared from the side of the respondent No.1.
Despite the newspaper publication, the respondent No.2 is absent.
This order is set ex-parte."
4. In the above impugned order vide Annexure-4, there is no
indication on which date and on which paper notice for the respondent
No.2 (petitioner in this writ petition) was published and on which date the
said notice was made sufficient.
There is specific indication in the impugned order that, the said
order is set ex-parte, but there is no provision under law for the Appellate
Court to make any respondent ex-parte.
For which, the above observations made in this impugned order
vide Annexure-4 i.e. the said order is set ex-parte itself probabilising the
submissions of the learned counsel for the petitioner (respondent No.2 in
that Mutation Appeal Case No.88 of 2023) that, the opportunity of being
heard was not given to the petitioner in this writ petition (respondent
No.2 in Mutation Appeal Case No.88 of 2023) by the Addl. Sub-
Collector, Berhampur (O.P. No.1).
Therefore, the said impugned order dated 18.07.2023 (Annexure-4)
passed by O.P. No.1 cannot be sustainable under law.
So, there is justification under law for making interference with the
same through this writ petition filed by the petitioner.
5. As such, there is merit in the writ petition filed by the petitioner.
The same must succeed.
6. In result, the writ petition filed by the petitioner is allowed on
contest.
The impugned order dated 18.07.2023 (Annexure-4) passed in
Mutation Appeal Case No.88 of 2023 by the Addl. Sub-Collector,
Berhampur (O.P. No.1) is quashed (set aside).
The matter, vide Mutation Appeal Case No.88 of 2023 is remitted
back (remanded back) to the Addl. Sub-Collector, Berhampur (O.P. No.1)
for deciding the same afresh as per law within three months from the date
of appearance of the parties in that Mutation Appeal Case No.88 of 2023
after giving opportunity of being heard to the parties thereof.
The parties are directed to appear before the Addl. Sub-Collector,
Berhampur (O.P. No.1) in Mutation Appeal Case No.88 of 2023 on dated
22.09.2025 and to file the certified copy of this judgment for the purpose
of receiving the directions of the Addl. Sub-Collector, Berhampur (O.P.
No.1) as to further proceedings of that Mutation Appeal Case No.88 of
2023.
7. As such, this writ petition filed by the petitioner is disposed of
finally.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
11.09.2025//Utkalika Nayak//
Junior Stenographer
Signature Not
Verified
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 11-Sep-2025
19:49:16
