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2022 Supreme(Ori) 506

ARINDAM SINHA
Akhtar Mahammed – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Pranab Ranjan Chhatoi, Advocate, A. K. Sharma, Advocate, . J. K. Lenka, Advocate

JUDGMENT

Arindam Sinha, J. - Mr. Chhatoi, learned advocate appears on behalf of petitioner and submits, prayer of his client is for direction upon opposite party no.3 to cancel legal heir certificate issued by the Tahsildar in Misc. Case no.435 of 2007 and consequential directions. He draws attention to affidavit filed on behalf of Public Information Officer (PIO), Bhubaneswar Tahasil saying that record of Legal Heir Misc. Case no.435 of 2007 was not readily available but from the register it was confirmed that a legal heir certificate was issued.

2. On query from Court, Mr. Chhatoi refers to rule 10 in Odisha Miscellaneous Certificate Rules, 2019 providing for appeal. He submits, since the case record is not available, his client is before the writ Court.

3. Pursuant to direction for issuance of notice upon added opposite party, Mr. Lenka, learned advocate appears on her behalf and files affidavit dated 8th December, 2022. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.

4. The deceased was known as Samser Mahammed. It appears from impugned legal heir certificate dated 30th June, 2007 that application for it was made by one Rahima Bibi aged abou

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