The Court disposed of a writ petition seeking a direction for the petitioner. A counter affidavit revealed a concurrent civil dispute. The Court directed the Tahasildar to dispose of the mutation cases by end of May, 2016.
Directive to the Tahasildar, Jagatsinghpur to dispose of Mutation Case Nos. 1001 to 1009 of 2013 by end of May, 2016.
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W.P.(C)NO. 4958 of 2016
05.04.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate
This writ petition has been filed by the seeking for a direction to opposite p
arty No.2-Tahasildar, Jagatsinghpur to dispose of Mutation Case Nos. 1001 to 1009 of 2013 unde
r Annexure-4 series within a stipulated time.
A counter affidavit filed by opposite party No.2-Tahasildar, Jagatsinghpur whi
ch reveals that pursuant to the civil dispute pending action has not been taken for disposal o
f the mutation cases. T.S. No. 279 of 1976 was filed for declaration of title in respect of B
Schedule property and for confirmation or, in the alternative recovery of possession and for p
ermanent injunction. The said suit was disposed of by judgment dated 23.2.1980. Challenging th
e said order F.A. No. 123 of 1980 was filed. The appeal was allowed and the present petitioner
was succeeded in the appeal. The appellate court order was also confirmed by the Apex Court.
In the counter the opposite party No.2 also prayed for some time to dispose of the mutation ca
ses.
Considering the above this Court disposes of the writ petition with a directio
n to opposite party No.2-Tahasildar, Jagatsingpur to dispose of the aforesaid mutation cases b
y end of May, 2016.
S. Panda, J
2
1 issue framed by the court
Whether the Tahasildar is directed to dispose of pending mutation cases within a stipulated time.
Petitioner (Undisclosed)
Tahasildar, Jagatsinghpur
S. Panda
As recorded by the court registry
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