This single-judge writ petition challenging a rejection of a mutation prayer was disposed of. The court observed that the petitioner might apply to recall the order so the officer can reconsider it.
Observation made to the Additional Tahasildar to consider petitioner's application for recall of the impugned order within two weeks.
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W.P.(C) No.11711 of 2018
Learned counsel for the petitioner submits that this order of rejection of the prayer for mutation has been passed in view of the absence of the petitioner and for that reason taking a view that the petitioner has no interest to pursue the proceeding, as has been noted therein. He with reference to the order-sheet submits that although on 11.10.2017, the Additional Tahasildar has passed an order for issuance of notice to this petitioner, fixing the date of hearing of the case to 09.11.2017, no such notice has been received by the petitioner and there is also no mention in the order about the satisfaction as regards the service of notice upon the petitioner. He therefore, submits that the absence of the petitioner as has been noted in the impugned order is factually incorrect. He submits that under the circumstance, the Additional Tahasildar ought not to have rejected the prayer for mutation.
Considering the submission made and on going through the order-sheet of Mutation Case No.4421 of 2017, this writ application stands disposed of with an observation that in the event, the petitioner files an application before the
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Additional Tahasildar, Bhubaneswar for recall of the order dated 07.12.2017 passed in Mutation Case No.4421 of 2017 on the above grounds within two weeks hence, the Additional Tahasildar would do well to consider the same in its proper prospective and pass appropriate order in accordance with law so as to proceed further accordingly.
Urgent certified copy of this order be granted on proper application.
…………………..
D. Dash, J.
H
Petitioner
Additional Tahasildar, Bhubaneswar
D. Dash
As recorded by the court registry
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