The court dismissed the writ petition for quashing a Tahasildar's mutation order, holding that an alternative remedy exists via appeal under the mutation manual and granted liberty to appeal.
Liberty to file an appeal before the appropriate forum within two weeks.
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W.P.(C) No.4544 of 2018
2. 20.08.2018
This writ application has been filed with a prayer to quash an order dated 15.02.2018 passed by the Tahasildar, Bhuban in Mutation Case No.2175 of 2014 which has been initiated at the instance of the present petitioner.
Learned counsel for the petitioner submits that after remand of the matter by the Sub-Collector, Kamakhyanagar, the Tahasildar without taking into consideration the report which has been called from the concerned officials after verification of the records and the field position and without necessary examination of the matter in hand in the light of the observations made therein, has passed the impugned order.
In view of the fact that alternative remedy is available to the petitioner in filing an appeal as provided in mutation manual, assailing the order of the mutation authority passed in mutation proceeding, I am not inclined to entertain the writ application.
In that view of the matter, the writ application stands disposed of with liberty to the petitioner to file an appeal before the appropriate forum raising all the contentions which are now raised here and in the event the appeal is filed within two weeks hence, the same shall be heard and disposed on merit and in accordance with law.
…………………..
D. Dash, J.
H
1 issue framed by the court
Whether the writ application should be entertained when an alternative remedy is available.
Petitioner(s)
D. Dash
As recorded by the court registry
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