Kailash Chandra Moharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.9427 OF 2022 Kailash Chandra Moharana ....

Petitioner Mr.A.S.Nandy, Adv.

-versusState of Odisha & ors.

....

Opposite Parties Mr.S.Ghosh, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

22.6.2022 Order No.

1.

Heard learned counsel for the Parties.

2.

Learned counsel for the Petitioner submitted that for the missing of File of Mutation Case No.2187 of 2017, the Petitioner was constrained to file a fresh Mutation Case numbered as 2187 of 2017 pending before the Tahasildar, Talcher, O.P.3. Learned counsel for the Petitioner in course of hearing produced a copy of the ordersheet dated 16.8.2021 and 25.8.2021 involving Mutation Case No.2104/2021. Reading the order-sheet, this Court finds, by order dated 25.8.2021, there is already a direction by the Tahasildar, O.P.3 to the R.I. to cause a summary enquiry, to realise the required measurement fee, following the stipulated objection period and dispose of the case as per the provision of the Odisha Survey Settlement Act/Rule and Odisha Mutation Manual. The case appears

// 2 // to be pending one. For the provision of law, the Tahasildar is required to dispose of such matter but however on the basis of submission of report by the R.I. concerned.

3.

Treating it to be a pending case, this Court in disposal of the Writ Petition directs the Tahasildar, Talcher, O.P.3 to obtain a report from the R.I. concerned at the earliest if the same is not received as on date and see disposal of Mutation Case No.2104 of 2021 at least within a period of two months hence.

(Biswanath Rath) Judge M.K.Rout