Disposed¶22

Bipin Behari Senapati v. State of Odisha

Orissa HC25 Jul 2025WP(C)/9475/2025

Case brief

AI extract

What is this about?

Orissa High Court, 25.07.2025, Justice Ananda Chandra Behera: writ petition against Addl. Tahasildar, Bhubaneswar's rejection of mutation case disposed of finally with liberty to appeal before Sub-Collector, Bhubaneswar; limitation bar waived under S.14 Indian Limitation Act, 1963 (wrong forum approached bona fide); appeal to be decided within 3 months with hearing and natural justice.

What did the court decide?

Liberty to the Petitioners to prefer an appeal before the Sub-Collector, Bhubaneswar against the rejection order of the mutation case; such appeal, filed with a certified copy of this order, to be entertained without limitation objection (invoking Section 14 of the Indian Limitation Act, 1963) and disposed of within 3 months with opportunity of hearing to the petitioners and other affected parties. ¶22

Bipin Behari Senapati Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the Petitioners' challenge to the rejection of their mutation case can proceed by way of an appeal before the Sub-Collector, Bhubaneswar notwithstanding limitation, having approached the wrong forum by filing this writ petition.

¶21

Court's answer

Upon hearing both sides, the court found it proper to dispose of the writ petition finally at this stage, giving the Petitioners liberty to prefer an appeal before the Sub-Collector, Bhubaneswar against the rejection order of the mutation case passed by the Addl. Tahasildar, Bhubaneswar.

¶19

Ratio / Principle

If the Petitioners prefer such an appeal annexing a certified copy of this order, the Sub-Collector, Bhubaneswar shall entertain it without questioning limitation, invoking Section 14 of the Indian Limitation Act, 1963, since the Petitioners approached the wrong forum bona fide.

¶19

Key takeaways

The said appeal shall be disposed of as per law as expeditiously as possible within a period of 3 months from the date of filing, after giving opportunity of being heard to the petitioners along with other affected parties, if any, complying with the principles of natural justice.ratio¶21
Accordingly, the writ petition is disposed of finally.ratio¶22

Detailed headnote1 paragraphs

Writ petition (WP(C) No.9475 of 2025, Bipin Behari Senapati & another v. State of Odisha & others) disposed of finally by the High Court of Orissa at Cuttack (Justice Ananda Chandra Behera, 25.07.2025). The Petitioners, whose mutation case had been rejected by the Addl. Tahasildar, Bhubaneswar, were held to have approached the wrong forum bona fide by filing this writ petition. They were given liberty to appeal to the Sub-Collector, Bhubaneswar; on filing the appeal with a certified copy of this order, the Sub-Collector is to entertain it without raising limitation, invoking Section 14 of the Indian Limitation Act, 1963, and dispose of the appeal as per law within 3 months of filing after hearing the petitioners and other affected parties, complying with the principles of natural justice.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9475 of 2025

¶2

1) Bipin Behari Senapati

¶3

1. Neel Madhab Swain

¶4

..... Petitioners

¶5

Represented By Adv. - Bipin Kumar Nayak

¶6

-versus-

¶7

1) State Of Odisha 2) The Collector And Dist. Magistrate,khurda

¶8

1. Sub Collector,bbsr

¶9

..... Opposite Parties Represented By Adv. –

¶10

Mr. S. Nayak, ASC

¶11

1. Addl. Tahasildar,bbsr

¶12

CORAM:

¶13

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

25.07.2025

Order No.

1. This matter is taken up through hybrid mode.

¶18

Heard from the learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

¶19

Upon hearing from the learned counsels of both the sides, it is felt proper to dispose of the writ petition finally at this stage giving liberty to the Petitioners to prefer an appeal before the Sub-Collector, Bhubaneswar challenging the rejection order of the mutation case passed by the Addl. Tahasildar, Bhubaneswar and in case of preferring an appeal by the petitioners annexing certified copy of this order before the Sub-Collector, Bhubaneswar, the said appeal shall be entertained by the Sub-Collector, Bhubaneswar without questioning about the limitation invoking the

¶20

Page 1 of 2.

¶21

provisions under Section 14 of the Indian Limitation Act, 1963, as the Petitioners have approached the wrong forum bona fidely by filing this writ petition and the said appeal shall be disposed of as per law as expeditiously as possible within a period of 3 months from the date of filing of the same after giving opportunity of being heard to the petitioners along with other affected parties, if any, complying the principles of natural justice.

¶22

Accordingly, the writ petition is disposed of finally.

¶23

Urgent certified copy of this order be granted to the Petitioners on proper application.

¶24

(ANANDA CHANDRA BEHERA) Judge

¶25

Utkalika

¶26

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Jul-2025 15:50:33

¶27

Page 2 of 2.

Bipin Behari Senapati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bipin Behari Senapati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Debendra Nayak Vs State of Odisha

Sagarika Pattanaik Vs State of Odisha

Parikshit Sahu Vs Sub-Collector,Banai

Radhakrishna Vs State

Shyamlata Agrawal Vs Raj Kumar Saraff

Mitarani Pati Vs Sudhakar Pati