Ajaya Narayan Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) PIL No.11211 of 2018 Ajaya Narayan Samal and others ....

Petitioners Mr. C. K. Pradhan, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Debakanta Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

24.06.2022 17.

1. This petition is restored vide order passed today in CMAPL Order No.

No.215 of 2022.

2. The grievance of the present Petitioners is about the mutation carried out in favour of Opposite Party No.7 in respect of land situated in village Sahadev Khunta, Unit No.2 in District Balasore bearing RoR 513, Plot No.849 on the basis of an ex parte decree obtained against the Government. It is contended that the land is actually a "Pani Nala" Kisam i.e. a water body and should not have been mutated in favour of Opposite Party No.7. However, when the Government filed appeal against the ex parte decree that too was dismissed for default.

3. Notwithstanding the above proceedings, if the Petitioners are aggrieved by the grant of mutation in favour of Opposite Party No.7 by way of an order of the Tahasildar, it will be open to the

Petitioners to file an appropriate appeal before the SubCollector, Balasore against the said order in accordance with law.

4. Granting the Petitioners that liberty, the petition is disposed of.

6. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M. Panda