[Cites 2, Cited by 0]
Orissa High Court
M/S. Thriveni Earthmovers Pvt. Ltd vs State Of Odisha & Others ...... Opp. ... on 23 April, 2026
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7001 of 2026
W.P.(C) No.34733 of 2025
(Applications under Articles 226 and 227 of the Constitution of India)
---------------
W.P.(C) No.7001 of 2026
M/s. Thriveni Earthmovers Pvt. Ltd., ...... Petitioner
-Versus-
State of Odisha & Others ...... Opp. Parties
Advocate(s) appeared in this case:-
____________________________________________________________________
For Petitioner : Mr. K.K. Mishra, Advocate
For Opp. Parties : Mr. S.K. Sarangi, Sr. Advocate with
Mr. S. Swain, Advocate (For O.P-4)
Mrs. J. Sahoo,
Additional Standing Counsel
W.P.(C) No.34733 of 2025
Neelam Kumar Swain ...... Petitioner
-Versus-
State of Odisha & Others ...... Opp. Parties
Advocate(s) appeared in this case:-
______________________________________________________________
For Petitioner : Mr. S.K. Sarangi, Sr. Advocate with
Mr. S. Swain, Advocate
For Opp. Parties : Mr. K.K. Mishra, Advocate [For O.P. No.4]
Mrs. J. Sahoo,
Additional Standing Counsel
Page 1 of 6
CORAM:
JUSTICE SASHIKANTA MISHRA
JUDGMENT
23rdApril, 2026
SASHIKANTA MISHRA, J.
Both the writ applications involve common facts for which
both were heard together and are being disposed of by this
common judgment.
2. The petitioner in W.P.(C) No.34733 of 2025 seeks to
challenge the order dated 28.07.2025 passed by the Additional
Tahasildar, Bhubaneswar in Mutation Case No.12024 of 2025.
The petitioner in W.P.(C) No.7001 of 2026 seeks to challenge the
order dated 13.12.2024 passed by the Sub-Collector,
Bhubaneswar in Mutation Appeal No.365 of 2023.
3. The facts, common to both the writ applications are
that one Binodini Pattanaik being the owner of the case land
appertaining to Plot No.516/ 1682 under Khata No.474/ 3809
in Mouza-Patia, Bhubaneswar transferred the same in favour of
Neelam Kumar Swain (Petitioner in W.P(C) No.34733 of 2025)
vide RSD dated 02.07.2021. The petitioner applied for mutation
in Mutation Case No.16560 of 2021, which was allowed and
ROR was issued in her favour. The petitioner's attempt to take
possession of the property was obstructed by M/s. Thriveni
Earthmovers Pvt. Ltd., (Petitioner in W.P.(C) No.7001 of 2026)
on the ground that it had purchased the property from M/s.
Trishna Real Estate Pvt. Ltd. on the strength of a General Power
of Attorney dated 25.06.2002 allegedly executed by Binodini
Pattanaik. Since said Binodini Pattanaik denied knowledge
about the Power of Attorney, the petitioner in W.P.(C) No- 34733
of 2025 filed a civil suit being C.S. No.1760 of 2024 in the Court
of Senior Civil Judge, Bhubaneswar. The suit is pending.
4. The petitioner in W.P.(C) No.7001 of 2026 however,
filed Mutation Appeal No.365 of 2023 challenging the order
passed by the Tahasildar allowing the mutation case in favour
of Neelam Kumar Swain. The Sub-Collector, by order dated
13.12.2024 set aside the order of the Tahasildar and remitted
the matter to the Tahasildar for fresh hearing. According to
Neelam Kumar Swain, the order of the appellate authority was
passed without granting any opportunity of hearing. The order
of the Tahasildar passed in the mutation case on remand was
also passed without granting any opportunity of hearing to the
petitioner.
5. The petitioner in W.P.(C) No.7001 of 2026 contends
that the Sub-Collector failed to exercise the statutory mandate
cast upon him and instead of considering the merits of the
grounds raised by the appellant, arbitrarily remitted the matter
for fresh enquiry.
6. Heard Mr. S.K. Sarangi, learned Senior Counsel
with Mr. S. Swain, learned counsel appearing for the Petitioner
in W.P.(C) No.34733 of 2025; Mr. K.K. Mishra, learned counsel
for the Petitioner in W.P.(C) No.7001 of 2026 and Mrs. J. Sahoo,
learned Additional Standing Counsel for the State.
7. Mr. Sarangi would submit that the order of the
appellate authority as well as the Tahasildar on remand cannot
be sustained for non-adherence to the principles of natural
justice. He emphatically submits that no notice was ever served
upon his client.
8. Mr. K.K. Mishra submits that the order of remand
itself is bad as the Sub-Collector should have adjudicated the
lis on the basis of grounds raised before him.
9. Mrs. J. Sahoo, learned Additional Standing Counsel
submits with reference to the case records of the mutation
appeal as well as the mutation case that both parties were duly
served with notices of hearing in the mutation appeal. She
however, fairly submits that no notice was issued in the
mutation case on remand.
10. After hearing learned counsel for parties and upon
perusal of the case records produced by the State counsel, this
Court finds that the petitioner in W.P.(C) No.34733 of 2025 had
entered appearance before the appellate authority and had also
submitted an affidavit, which was taken into consideration. So,
it cannot be said that she had no knowledge of the proceeding.
However, the order sheet of the Mutation Case No.12024 of
2025 reveals that no notice was issued or served upon the
parties before passing the impugned order. Thus, it is a clear
case of non-compliance of the principles of natural justice. As
such, the impugned order is rendered unsustainable in the eye
of law.
11. Insofar as, the challenge to the order of remand by
the appellate authority is concerned, this Court is of the view
that since the final order passed on remand has been held to be
unsustainable in the eye of law for want of notice and is
proposed to be set aside and remitted the matter again for fresh
hearing, no fruitful purpose would be served by interfering with
the order passed by the appellate authority at this stage.
12. For the foregoing reasons therefore, W.P.(C)
No.34733 of 2025 is allowed. The impugned order passed by the
Tahasildar in Mutation Case No. 12024 of 2025 is hereby set
aside. The Tahasildar is directed to re-hear the mutation case
after granting opportunity of hearing to all necessary parties.
The mutation case shall be finally disposed of within two
months from today. W.P.(C) No.7001 of 2026 is disposed of
accordingly.
..............................
Sashikanta Mishra,
Judge
High Court of Orissa, Cuttack
The 23rd April, 2026/ Puspanjali Ghadai, Junior Stenographer
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack.
Date: 23-Apr-2026 18:33:11
