Remanded

Bandana Behera v. Sub Collector, Bbsr

Orissa HC15 May 2024WP(C)/32072/2023

Case brief

AI extract

What is this about?

The High Court of Orissa found that the Sub-Collector quashed a mutation order and simultaneously another mutation case order despite only adjudicating one accompanying appeal. Holding this was an error apparent on record, the Court remanded the matter for fresh simultaneous adjudication.

What did the court decide?

The impugned order dated 31.05.2023 is set aside and the matter remanded to Sub-Collector for fresh adjudication of both Mutation Appeals No. 142 and 143 of 2020 together within four months.

Bandana Behera Vs Sub Collector, Bbsr — Public Procurement and Tenders | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.32072 of 2023

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Bandana Behera …. Petitioner Mr. S.S.K. Nayak, Advocate

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-versus-

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Sub-Collector, Bhubaneswar and …. Opposite Parties others

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Mr. S.P. Panda, A.G.A.

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Mr. S. Patanaik, Advocate for O.P. Nos.3 to 7 and 10 to 19

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

15.05.2024

Order No.

Heard Mr. S.S.K. Nayak, learned counsel for the Petitioner, Mr. S.P. Panda, learned Additional Government Advocate for the State-Opposite Party Nos.1 & 2 and Mr. S. Patanaik, learned counsel for the Opposite Party Nos.3 to 7 and 10 to 19.

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The order of the Sub-Collector, Bhubaneswar dated 31.05.2023 passed in Mutation Appeal No.142/2020 under Annexure-6 is impugned in the present writ petition.

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The facts of the case reveal that, two mutation cases, i.e. Mutation Case No.1092 of 2019 and Mutation Case No.39710 of 2019 were filed by Opposite Party No.8 and the present Petitioner respectively before the Tahasildar, Bhubaneswar. Both the cases being allowed, two appeals, Viz. Mutation Appeal No.142 of 2020 and Mutation Appeal No.143 of 2020 were preferred before the Sub-Collector, Bhubaneswar against the orders passed in Mutation Case No.1092 of 2019 and Mutation Case No.39710 of 2019. Present impugned order is passed in Mutation Appeal

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Signature Not Verified

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 16-May-2024 10:19:50

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Page 1 of 2

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No.142 of 2020 when Mutation Appeal No.143 of 2020 is still pending adjudication and the Sub-Collector, Bhubaneswar has observed that, the order passed in Mutation Case No.39710 of 2019 is wrong, baseless and liable to be quashed. The SubCollector while disposing of Mutation Appeal No.142 of 2020 vide the impugned order under Annexure-6 has not only set aside the order passed in Mutation Case No.1092 of 2019, but also set aside the order passed in Mutation Case No.39710 of 2019 without taking up the other Mutation Appeal. Thus there appears error apparent on record on the face of the impugned order and as such, the matter is remitted back to the Sub-Collector, Bhubaneswar for fresh adjudication.

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In the result, the impugned order dated 31.05.2023 under Annexure-6 is set aside and the Mutation Appeal No.142 of 2020 is remanded back to the Sub-Collector, Bhubaneswar with a direction to take up both the appeals, i.e. Mutation Appeal No.142 of 2020 and Mutation Appeal No.143 of 2020 together and decide both the cases simultaneously afresh after giving due opportunity to the concerned parties. The entire exercise shall be completed within a period of four months from the date of receipt of certified copy of this order.

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The writ petition is disposed of accordingly.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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B.K. Barik Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 16-May-2024 10:19:50

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Page 2 of 2

Bandana Behera v. Sub Collector, Bbsr

Case brief

What is this about?

What did the court decide?

Bandana Behera v. Sub Collector, Bbsr

Case brief

What is this about?

What did the court decide?

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