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2016 Supreme(Ori) 160

VINEET SARAN, B.R.SARANGI
Sahadatta Alli Khan – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant : M/s. S. Mohanty, B.K. Behera, C.R. Mohanty, A. Dash & S. Pattnaik.
For the Respondents: Mr. B.P. Pradhan, Addl. Govt. Adv.

JUDGMENT :

Dr. B.R. Sarangi, J.

The appellant, being the writ petitioner, has filed this appeal against a common order dated 08.02.2016 passed by the learned Single Judge of this Court in W.P.(C) No. 17633 of 2015 and W.P.(C) No. 1534 of 2016, by which the order passed by the authorities in Mutation Appeal as well as Mutation Case have been set side, leaving open to the parties to approach the competent Court to get a succession certificate and also directing the parties to maintain status quo over the property in question till obtaining such certificate.

2. The factual matrix of the case, in hand, is that Asraf Alli Khan, being the owner of the property in question, died on 25.04.1984. The appellant claiming to be his son, filed Mutation Case No. 1147 of 2012 to change the name of the recorded owner and mutate the schedule land in his favour. The Tahasildar, Junagarh, after due inquiry, allowed the Mutation Case and deleted the name of Asraf Alli Khan and issued Record of Right (ROR) in the name of the appellant. Amir Alli Khan, claiming to be the brother of the deceased-Asraf Alli Khan objected to such recording and filed Mutation Appeal No. 1 of 2014 before the Sub-Collector, Dhara










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