Writ petition for quashing a Tahasildar's mutation order was disposed of as withdrawn after the petitioner was granted liberty to approach the appellate authority under Rule 42 of the Orissa Survey & Settlement Rules, 1962, with the court expressly reserving opinion on merits.
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W.P.(C) No.3874 of 2021
Heard Mr. Deepak Kumar Mohapatra, learned counsel for the petitioner and Mr. Arun Kumar Mishra, learned Additional Government Advocate for the Stateopposite party nos.1 to 4.
The petitioner in this writ petition prays for a direction to set aside the order passed by the Tahasildar, Bisra in Mutation Case No.194 of 2019.
It is submitted by Mr. Mohapatra, learned counsel for the petitioner that pursuant to the judgment and decree passed by learned Civil Judge (Senior Division), Rourkela in Title Suit No.12 of 1994, the petitioner had filed Mutation Case No.1447 of 2018 before the Tahasildar, Bisra. Due to delay in disposal of the land mutation case, the petitioner filed W.P.(C) No.13571 of 2020, which was disposed of on 10.06.2020 with a direction to Tahasildar, Bisra to conclude Mutation Case No.1447 of 2018 within three months from the date of normal functioning of the Office. In the meantime, on the basis of a fraudulent sale deed, the opposite party no.5, namely, Smt. Bina Urmal filed Mutation Case No.194 of 2019 to correct the entry of the R.O.R.. The Tahasildar, Bisra without considering the fact that an earlier mutation case in respect of the case land in Mutation Case No.1447 of 2018 filed by the petitioner is pending, allowed Mutation Case No.194 of 2019. Thus, the petitioner has filed this writ petition.
In course of hearing, Mr. Mohapatra, learned counsel for the petitioner submits that the petitioner has an
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efficacious statutory remedy under Rule 42 of the Orissa Survey & Settlement Rules, 1962 (for short ‘the Rules’) to assail the impugned order. Hence, he prays for withdrawal of the writ petition to approach the Appellate Authority under Rule 42 of the Rules assailing the impugned order.
Granting such liberty, this writ petition is disposed of as withdrawn.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Urgent certified copy of this order be granted on proper application.
jm
Petitioner
State opposite party nos.1 to 4
As recorded by the court registry
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