Deepak Kumar Tiwari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28795 of 2022 Deepak Kumar Tiwari ....

Petitioner(s) Mr. S. Mohanty, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. S. Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

02.11.2022 Order No.

01.

1.

Heard the submissions of the respective parties. 2.

This matter involves initiation of a mutation appeal on the grounds stated herein.

3.

Considering the submissions made by the parties, this Court observes, since a proceeding is already registered, nothing prevented the Petitioner to bring all such argument before the competent authority for its consideration. In the process, while declining to interfere in the impugned order, this Court permits the Petitioner to raise all such objections in the appeal proceeding for consideration of the SubCollector. In the event any such objection is raised before the concerned Sub-Collector, the Sub-Collector shall first undertake the hearing on the entertainability of the proceeding and thereafter take a decision on the same also involving the appellant therein.

// 2 // 4.

The writ petition stands disposed of with the above order. (Biswanath Rath) Judge Ayaskanta Jena