Subhas Chandra Mohanty v. Sub Collector, Bhadrak

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4417 of 2022 Subhas Chandra Mohanty .....

Petitioner Mr. S.S.K. Nayak, Advocate -versusSub-Collector, Bhadrak and another ....

Opp. Parties Mr. S.N. Mishra, Additional Government Advocate (for Opposite Party No.1)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.02.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

This writ petition has been filed for a direction to the Sub-Collector, Bhadrak-Opposite Party No.1 to dispose of Mutation Appeal No.100 of 2018 at an early date. 4.

Mr. Nayak, learned counsel for the Petitioner submits that Opposite Party No.2, namely, Abhaya Barik has filed Mutation Appeal No.100 of 2018 assailing the order passed by Tahasildar, Chandbali in Mutation Case No.2173 of 2017. The Petitioner, who is Opposite Party in the said Mutation appeal, has already entered appearance and filed his objection. The matter was also listed on 15th October, 2019 for hearing. But as yet, the appeal could not disposed of for which the Petitioner is highly prejudiced.

4.1 It is further submitted by Mr. Nayak, learned counsel that there is no legal impediment for early disposal fo the mutation appeal.

// 2 // 5.

Mr.Mishra, learned Additional Government Advocate submits that he has no instruction in the matter. However, if the appeal is otherwise ready for hearing, the Sub-Collector, Bhadrak should take steps for early disposal of the appeal in accordance with law.

6.

Taking into consideration the submissions made by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case of the parties, disposes of the writ petition with a direction that on production of certified copy of this order, the Sub-Collector, Bhadrak-Opposite Party No.1 shall make an endeavour for early disposal of the Mutation Appeal No.100 of 2018 in accordance with law, as expeditiously as possible, preferably within a period of four months there from, if there is no legal impediment. Issue urgent certified copy of the order on proper application.

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