Disposed

Umakanta Pradhan v. State of Odisha

Orissa HC4 Sept 2024WP(C)/21027/2024

Case brief

AI extract

What is this about?

Petitioner's application for legal heirs certificate of his mother was rejected without reasons, date, or hearing. State cited the appeal remedy under Rule 10 of the Orissa Miscellaneous Certificate Rules, 2019. Court directed Tahasildar, Baranga to communicate the rejection order within a week so the petitioner may appeal, with delay to be condoned and personal hearing granted.

What did the court decide?

Direction to Tahasildar, Baranga to communicate rejection order within a week; appeal under Rule 10 to be considered with delay condoned and personal hearing granted.

Umakanta Pradhan Vs State of Odisha — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.21027 of 2024

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Umakanta Pradhan

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…. Petitioners

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Mr. N. Panda, Advocate

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-versus-

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State of Odisha & ors.

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…. Opposite Parties

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Mr. B. Panigrahi, ASC

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

04.09.2024

Order No.

02.

This matter is taken up through hybrid mode.

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2. Mr. Panigrahi, learned ASC accepts notice on behalf of the Opposite Parties and admits to have received copy of the Writ Petition.

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3. Heard learned Counsel for the parties.

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4. The Petitioner, who claims himself to be the son of late Gagan @ Gagani Pradhan, W/o. Shiba @ Shibaram Pradhan, has approached this Court for quashing of rejection of his application for issuance of legal heirs certificate so also for a direction to the authority concerned to issue legal heirs certificate of his mother.

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5. The case of the Petitioner is that after death of his mother on 04.11.2017, the Petitioner had applied for death certificate, which was duly received by him on 30.11.2017 from CHC, Mahidharpada. Thereafter, on

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26.06.2024, he applied for legal heir certificate of his mother late Gagan @ Gagani Pradhan, W/o. Shiba @ Shibaram Pradhan through the Common Service Centre, Bhanapur, Cuttack. As the time limit to supply the certificate was indicated in the acknowledgement slip to be 03.08.2024, on verification of the status of his application uploaded in the website of the concerned office thereafter, recently it was that the said application has been rejected without indicating the reason and date of rejection of such application. That apart, no opportunity of hearing was given to the Petitioner before the rejection of the application for issuance of legal heir certificate. Without being communicated with a copy of such rejection order, the Petitioner, being remediless, has approached the Writ Court with a prayer to direct the Opposite Party No-4 (Tahasildar, Baranga) to reconsider his application for issuance of legal heirs certificate of his mother late Gagan @ Gagani Pradhan.

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6. Mr. Panigrahi, learned ASC, drawing attention of this Court to Rule 10 of the Orissa Miscellaneous Certificate Rules, 2019, shortly, herein after “the Rules 2019”, submits that any person aggrieved by an order passed by the Revenue Officer under Rule 6 may prefer an Appeal within 30 days from the date of the said order. Since there is an alternative remedy of Appeal under Rule 10 of the Rules, 2019, the Writ Petition is

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not maintainable.

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7. In response to the said submission made by the learned State Counsel, learned Counsel for the Petitioner submits, the said website status, enclosed to the Writ Petition as Annexure-2 series, does not indicate the date of rejection so also the reasons of such rejection of the application of the Petitioner. That apart, unless the hard copy of the said rejection order is communicated to the Petitioner, he would be unable to prefer an appeal in terms of Rule 10 of the Rules, 2019.

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8. In view of such submission made by the learned Counsel for the Petitioner, the Tahasildar, Baranga (Opposite Party No.4) is directed to communicate a copy of the rejection order to the Petitioner within a week from the date of production of the certified copy of this order enabling the Petitioner to prefer an Appeal in terms of Rule 10 of the Rules, 2019.

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9. It is made clear that if the Petitioner prefers an appeal within 30 days from the date of obtaining the copy of the rejection order passed by the Tahasildar, Baranga, the same shall be considered and dealt with in accordance with law, by condoning the delay, if any, in presenting the memorandum of appeal.

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10. It is made further clear that while dealing with such Appeal, the Appellate Authority shall give

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opportunity of personal hearing to the Petitioner and allow him to produce necessary documents, if so desired by the petitioner.

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11. With the said observation, the Writ Petition stands disposed of.

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12. Urgent certified copy of the order be granted on proper application as per rules.

(S. K. MISHRA)

JUDGE

Banita

Signature Not Verified

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Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 05-Sep-2024 15:59:32

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Umakanta Pradhan v. State of Odisha

Case brief

What is this about?

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Umakanta Pradhan v. State of Odisha

Case brief

What is this about?

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