Baikuntha Nath Pradhan v. Tahasildar,Nuagaon

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 38619 of 2021 Baikunntha Nath Pradhan ....

Petitioner Mr. Sangramjit Panda, Advocate -versusTahasildar, Nuagaon ....

Opp. Party Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.04.2022 6.

1.

This matter is taken up through hybrid mode.

2.

The report submitted by Collector and District Magistrate, Nayagarh is produced by the Registrar (Judicial) before this Court in sealed cover, which is opened in presence of learned counsel for the parties.

3.

Pursuant to the direction of this Court dated 4th April, 2022, institution register of mutation cases for the year 2011 containing information about Mutation Case No.120 of 2011 is produced in Court today by Mr.Mishra, learned ASC. 3.1 On perusal of relevant page, i.e., page 182 of the institution register, it is observed that original serial number of the Mutation Case has been scored through and re-written as '120'. Remarks column is also tampered and written as 'dropped' in a different ink. All these aspects were not taken into consideration by the Collector, Nayagarh, who only relying upon enquiry report submitted by Sri Dhoba Nayak, Deputy Collector, Nayagarh, appears to have submitted the report. Thus, this Court is not satisfied with the enquiry report

// 2 // submitted by Collector, Nayagarh, which is submitted vide letter No.841/Rev. dated 29th March, 2022.

4.

However, taking a lenient view in the matter and to see that the Petitioner is not harassed further, this Court disposes of the writ petition with a direction to the Tahasildar, Nuagaon to dispose of Mutation Case No.120 of 2011 on its own merit as expeditiously as possible, preferably within a period of three months hence following due procedure of law. Tahasildar, Nuagaron is warned to be careful in future while dealing with official records.

5.

Institution register of Nuagaon tahasil is returned to Mr. Mishra, learned ASC.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy