Petitioner filed a writ petition to stop mutation of her mother's land in favour of purchasers, claiming the sale was without her consent. The single judge held there was no ground for writ intervention as the record showed exclusive ownership to the mother.
Petitioner's prayer to direct the Tahasildar not to mutate the land was dismissed.
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W.P.(C) No.11455 of 2018
2. 06.08.2018
This writ application has been filed with a prayer to direct the Tahasildar, Odagaon (opposite party no.4) not to mutate the land under Khata No.181/422, Plot No.374, 443, Area Ac.0.70 dec. of Mouza-Kadalibandha and under Khata No.196/739, Plot No.701/946 area Ac.0.58 dec. of Mouza-Alupadar in favour of the opposite party nos.5 to 7 on the basis of the registered sale deed executed by Duti Sahoo, mother of the present petitioner.
Learned counsel for the petitioner submits that though this petitioner has interest over the land in question, her mother has sold the land without her knowledge and consent and, therefore, if the lands are mutated in the name of the opposite party nos.5 to 7, the petitioner would be deprived of her property.
Perusal of the copy of the record of right under Annexure-1 reveals that the property in question stands recorded exclusively in the name of Duti Sahoo, the mother of the petitioner.
In that view of the matter, I am not inclined to accept the submission of the learned counsel for the petitioner so as to exercise the writ jurisdiction of this Court in directing the authority concerned not to mutate the land in favour of the purchasers from the said Duti Sahoo, who are opposite party nos.5 to 7. It is, however, open to the petitioner to establish her right, title and interest over the land in question before the appropriate forum carrying appropriate proceeding as per law.
The writ petition stands accordingly disposed of.
…………………..
D. Dash, J.
H
2
1 issue framed by the court
Whether this Court should exercise writ jurisdiction to direct the Tahasildar not to mutate land in favour of purchasers where the owner sold it to them.
Petitioner (daughter of Duti Sahoo)
Duti Sahoo
Opposite party nos. 5 to 7
Tahasildar, Odagaon
D. Dash
As recorded by the court registry
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