Biranchi Narayan Das v. Tahasildar, Pattamundai

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4205 OF 2022 Biranchi Narayan Das ....

Petitioner Mr. Biswanath Behera, Advocate -versusTahasildar, Pattamundai ....

Opp. Party Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

13.04.2022 4.

1.

This matter is taken up through hybrid mode.

2.

Pursuant to the order dated 28th March, 2022, Mr. Dillip Kumar Sethi, Tahasildar, Pattamundai is present in Court in person and files an affidavit tendering his unconditional apology for non-compliance of the direction of this Court. He also produces the case record of Mutation Case No.921 of 2016.

3.

On perusal of the case record, it appears that the case was posted to 10th August, 2021 on which date parties were absent. It is also stated in the said order that the Petitioner had not submitted relevant documents. As such, the matter was posted to 17th September, 2021 directing to issue letter to the Petitioner to submit the relevant records. Thereafter, the order sheet is not maintained.

4.

On a query made by Mr. Mishra, learned Additional Government Advocate, Mr. Sethi, Tahasildar, Pattamundai replies that he has not received any intimation from the office

// 2 // of Advocate General. Hence, he could not comply with the order.

5.

This Court is not satisfied with the conduct of the Tahasildar, Pattamundai and the manner in which he is proceeding with Mutation Case No.921 of 2016. Mr. Sethi, Tahasildar, Pattamundai, however, undertakes to dispose of the mutation case within a period of ten days, if the Petitioner cooperates.

6.

Thus, taking a lenient view in the matter, this Court disposes of this writ petition with a direction to the Tahasildar, Pattamundai to dispose of Mutation Case No.921 of 2016 as expeditiously as possible, preferably by 31st May, 2022 in accordance with law giving opportunity of hearing to the parties concerned.

7.

This order may be communicated to the Collector, Kendrapara to look into the matter and do the needful. 8.

Personal appearance of Mr.

Sethi, Tahasildar, Pattamundai is dispensed with.

9.

A copy of this order shall be handed over to Mr. Mishra, learned Additional Government Advocate for information and compliance.

10.

The case record submitted by Mr. Mishra, learned Additional Government Advocate is returned to him. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) ms Judge