Sanjib Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.21717 OF 2022 Sanjib Kumar Behera ....

Petitioner Mr.P.C.Jena, Adv.

-versusState of Orissa & ors.

....

Opposite Party(s) Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

23.9.2022 1.

1.

Heard learned counsel for the Parties.

Order No.

2.

On the premises that there is a civil dispute pending and that there is no partition involving the property, learned counsel for the Petitioner attempted to challenge the mutation order. 3.

For the opinion of this Court, the Petitioner if has any dispute can very well approach the Civil Court for appropriate relief. This apart, the impugned order dated 26.5.2022 also discloses pendency of a Civil Suit. For the nature of relief through the Mutation Case for fresh preparation of Record of Rights, this Court observes, such decision is not final, as correction of Record of Right neither creates any right in favour of any party nor extinguishes any right of the party. Recording, if any, in the process of mutation

// 2 // proceeding shall ultimately be abided by the Civil Court judgment and decree.

4.

With the above observation, the Writ Petition stands disposed of.

(Biswanath Rath) Judge M.K.Rout