Vandana Padhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.7730 of 2022 Vandana Padhi ....

Petitioner Mr. Prafulla Chandra Das, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

31.03.2022 1.

1.

This matter is taken up through hybrid mode.

2.

Petitioner in this writ petition seeks for a direction to Tahasildar, Bhubaneswar-Opposite Party No.2 to dispose of Mutation Case No.15194 of 2019 at an early date. 3.

Mr. Das, learned counsel for the Petitioner drew attention of this Court to order sheet of the Mutation Case annexed to the writ petition as Annexure-1, which discloses that vide order dated 28th September, 2019, Revenue Officer, Chandaka, finding that the subject matter of the dispute is a leasehold plot, referred the matter to the Tahasildar, Bhubaneswar for adjudication. It is submitted by learned counsel for the Petitioner that the matter is pending before Tahasildar, Bhubaneswar and no endeavour has been made for its disposal since then. Hence, this writ petition has been filed. 4.

Mr. Mishra, learned ASC submits that he has no instruction in the matter. However, since the subject matter of

// 2 // dispute is a leasehold property, the same requires adjudication by the Tahasildar, Bhubaneswar, if there is no legal impediment.

5.

Taking into consideration the rival contentions of the parties, this Court, without expressing any opinion on the merit of the case of the Petitioner, disposes of the writ petition with a direction that Tahasildar, Bhubaneswar-Opposite Party No.2 shall take a decision in Mutation Case No.15194 of 2019 in accordance with law as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order, by giving opportunity of hearing to the parties concerned, if there is no legal impediment. 6.

Parties are directed to cooperate Tahasildar, Bhubaneswar-Opposite Party No.2 for early disposal of the Mutation Case No.15194 of 2019.

Issue urgent certified copy of the order on proper application.

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