This writ petition sought a direction for early disposal of a pending mutation appeal. The Court directed the Sub-Collector, Cuttack to dispose of the appeal within six months, providing an opportunity of hearing.
Direction to Sub-Collector, Cuttack to dispose of Mutation Appeal No.147 of 2013 within six months giving opportunity of hearing.
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W.P.(C) No.16862 of 2020
Heard Mr. S. Bahadur, learned counsel for the petitioner and Mr. S.N. Mishra, learned Additional Government Advocate for the State-opposite parties.
The petitioner in this writ petition prays for a direction for early disposal of Mutation Appeal No.147 of 2013 pending before Sub-Collector, Cuttack-opposite party no.3.
Mr. Bahadur, learned counsel for the petitioner submits that although Mutation Appeal No.147 of 2013 has been filed by the petitioner assailing the order dated 28.05.2001 passed by the Tahasildar, Niali in Mutation Case No. 384 of 2000, the Sub-Collector, Cuttackopposite party no.3 is not taking any steps for early disposal of the same. He further submits that there is no legal impediment for disposal of Mutation Appeal No.147 of 2013.
Mr. Mishra, learned Additional Government Advocate for the State submits that the private parties against whom Mutation Appeal No.147 of 2013 has been filed, have not been impleaded as parties to this case. He further submits that he has no instruction with regard to the status of the Mutation Appeal No.147 of 2013 stated to be pending before Sub-Collector, Cuttack-opposite party no.3. He, therefore, prays for some time to take instruction in the matter.
Taking into consideration the submissions made by learned counsel for the parties, more particularly
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taking note of the facts that the mutation appeal is pending since 2013, this Court disposes of the writ petition with a direction to the Sub-Collector, Cuttackopposite party no.3 in disposing of the mutation appeal shall do well to consider and dispose of Mutation Appeal No.147 of 2013 in accordance with law as expeditiously as possible preferably within a period of six months from the date of production of an authenticated copy of this order downloaded from the website of the Orissa High Court by giving opportunity of hearing to the parties concerned, if there is no legal impediment.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
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K.R. MOHAPATRA,J.
jm
1 issue framed by the court
Whether Sub-Collector, Cuttack is directed to expedite disposal of pending Mutation Appeal No.147 of 2013.
Petitioner
State-opposite parties
Sub-Collector, Cuttack
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
