Nilkamal Tunga v. Sub Collector,Kendrapara

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2168 of 2022 Nilkamal Tunga .....

Petitioner Mr.Srinibash Satapathy, Advocate -versusThe Sub-Collector, Kendrapara and another ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

25.02.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

This writ petition has been filed with a prayer of early disposal of Mutation Case No.194 of 2020 pending before Tahasildar, Mahakalpara-Opposite Party No.2.

3.

Mr. Satapathy, learned counsel for the Petitioner submits that pursuant to order dated 22nd June, 2019 passed by learned Judge, Permanent and Continuous Lokadalat, Kendrapara in P & C Case No.121 of 2019 the Petitioner has filed Mutation Case No.194 of 2020 for separate recording of the land in question pursuant to partition effected before the Permanent and Continuous Lokadalat, Kendrapara. Although the matter is ready for hearing and there is no legal impediment for early disposal of the same, the Tahasildar, Mahakalpara is not taking up the matter for which the Petitioner is prejudiced. Repeated persuasions of the Petitioner also went in vain. Hence, this writ petition has been filed.

// 2 // 4.

Mr. Mishra, learned ASC submits that he has not been served with a copy of the writ petition. Hence, he is not in a position to obtain instruction in the matter. 5.

Taking into consideration the submissions made by learned counsel for the parties and the order proposed to be passed in this case, this Court, without waiting for response from the Opposite Parties, proceeds with the matter. 6.

Upon hearing learned counsel for the parties, this writ petition is disposed with a direction that on production of certified copy of this order, Tahasildar, Mahakalpara-Opposite Party No.2 shall do well to proceed with the Mutation Case No.194 of 2020 and make an endeavour to dispose of the same as expeditiously as possible, preferably within a period of six months in accordance with law giving opportunity of hearing to the parties concerned, if there is no legal impediment. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy