Sefali Samal v. Collector Dhenkanal
Case brief
What is this about?
In a writ petition seeking stay of mutation proceedings pending a civil suit, the petitioner withdrew the petition, granting liberty to formally move for such a stay before the Tahasildar.
What did the court decide?
Petition disposed of as withdrawn with liberty to move Tahasildar for stay; Tahasildar directed to consider such application on merits and pass reasoned order.
What the court decided
A compact analysis
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W.P.(C) No.23112 OF 2020
- 22.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard Mr. S. Panda, learned counsel for the petitioner and Mr. P.C. Panda, learned Additional Government Advocate for the State-opposite parties.
The petitioner in this writ petition prays for a direction to stay further proceeding in Mutation Case No.4664 of 2019 pending before Tahasildar, Gondiaopposite party no.2 in view of pendency of Civil Suit No.27 of 2020 before learned Civil Judge (Senior Division), Dhenkanal.
In course of hearing, Mr. Panda, learned counsel for the petitioner fairly concedes that the petitioner has not moved any application for stay of further proceeding in Mutation Case No.4664 of 2019 before Tahasildar, Gondiaopposite party no.2 in view of pendency of Civil Suit No.27 of 2020. In that view of the matter, he prays for withdrawal of the writ petition seeking liberty to the petitioner to move the Tahasildar, Gondia-opposite party no.2 in that respect.
Mr. Panda, learned Additional Government Advocate for the State submits that he has no objection to the same.
Taking into consideration the submissions of learned counsel for the parties, the writ petition is disposed of as withdrawn granting liberty to the petitioner to move the Tahasildar, Gondia-opposite party no.2 for stay of further proceeding in Mutation Case No.4664 of 2019. In that event, the Tahasildar, Gondia-opposite party no.2 shall do well to consider the same on its own merit and pass a reasoned order.
Parties & counsel
- petitioner
Petitioner
- respondent
State-opposite parties
- other
Tahasildar, Gondia
Coram
Case details
As recorded by the court registry
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