Sabita Mohanta v. Sub Collector Cum Executive Magistrate, Karanjia

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 10494 of 2022 Sabita Mohanta and others .....

Petitioners Mr. Prasanna Kumar Mohanty, Advocate -versusSub-Collector-cum-Executive Magistrate, Karanjia and others ....

Opp. Parties Mr.Sarojananda Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

26.04.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

This writ petition has been filed for a direction to SubCollector, Panchapir, Karanjia-Opposite Party No.1 to dispose of Mutation Appeal No.4 of 2021 at an early date. 3.

Mr. Mohanty, learned counsel for the Petitioners submits that although the appeal was last posted before SubCollector, Panchapir, Karanjia on 23rd April, 2021, it was not taken up on that date due to severity of second wave of Corona. The matter has not yet been taken up since then in spite of repeated endeavours of the Petitioners. Hence, finding no other alternative, Petitioners have filed this writ petition for the aforesaid relief.

4.

Mr. Mishra, learned AGA submits that he has no instruction in the matter. It is also not clear as to whether the order sheet annexed to the writ petition is up-to-date one. It is his submission that before filing this writ petition, the Petitioners ought to have approached the Sub-Collector,

// 2 // Panchapir, Karanjia for early disposal of the Mutation Apepal by filing an application. He, however, prays for an adjournment to take instruction in the matter.

5.

Taking into consideration the prayer made in this writ petition and on perusal of the order sheet in Mutation Appeal No.4 of 2020, this Court proceeds with the matter without waiting for the response from learned State Counsel. 6.

In view of the above, this writ petition is disposed of with a direction that in the event of production of certified copy of this order within a period of two weeks hence, the SubCollector, Panchapir, Karanjia-Opposite Party No.1 shall do well to take steps for disposal of Mutation Appeal No.4 of 2020 in accordance with law, as expeditiously as possible, preferably within a period of eight months there from giving opportunity of hearing of 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