Kishore Chandra Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.16524 OF 2022 Kishore Chandra Behera ....

Petitioner(s) Mr.K.K.Mishra, Advocate -versusState of Odisha and others ....

Opposite Party(s) Mr. S.Ghose, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

29.07.2022 Order No.

02.

1.

Heard learned counsel for the Parties.

2.

This Writ Petition involves an allegation that the Mutation Case No.26138 of 2018 has been disposed of without providing opportunity of hearing to the Petitioner. From the order-sheet under Annexure-3 at page-14 of the brief, it is also made clear that the matter has been decided in absence of the Petitioner. There is no quarrel on this allegation by the learned State Counsel. 3.

In the circumstance and as the impugned order has been passed without involvement of the Petitioner, while interfering in the order dated 25.04.2022 involving Mutation Case No.26138 of 2018, this Court sets aside the same. Further since the matter requires fresh adjudication, the matter is remitted back to the Additional Tahasildar, Bhubaneswar for fresh hearing involving the Mutation Case No. 26138 of 2018 indicated herein above involving the Petitioner by completing

// 2 // such exercise within a period of six weeks from the date of communication of certified copy of this order by the Petitioner. 4.

Petitioner is directed to produce a copy of the order of this Court and obtained the date of hearing.

5.

Free copy of this order be handed over to learned State Counsel.

(Biswanath Rath) Judge Swarna