IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Kawsar Ara Begum – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for mutation correction (Para 1 , 3) |
| 2. condemnation of non-speaking orders (Para 4 , 5) |
| 3. impugned order not sustainable under law (Para 6) |
| 4. writ petition is meritorious (Para 7) |
| 5. order quashed, remand for fresh decision (Para 8 , 9) |
JUDGMENT :
1. This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 11.08.2025 (Annexure-3) passed in Mutation Case No.10133/2025 by the Tahasildar, Cuttack (Opp. Party No.2).
3. It appears from the impugned order vide Annexure-3 that, the Mutation Case No.10133/2025 was filed by the petitioner on dated 05.07.2025 before the Tahasildar, Cuttack (Opp. Party No.2) praying for correction of the R.o.R of the case land to her name. Thereafter, the said Mutation Case No.10133/2025 was put up before the Tahasildar, Cuttack (Opp. Party No.2) on dated 08.07.2025. Then, the records of that Mutation Case No.10133/2025 was sent to the R.I. Khasmahal (East).
Thereafter, surprisingly, on dated 11.08.2025 the Tahasildar, Cuttack (Opp. Party No.2) rejected to the Mutation Case No.10133/2025 of the petitioner passing a one line o
Judicial orders must be reasoned and non-cryptic; failure to do so contravenes the principles of natural justice.
A non-speaking order lacks reasoning and cannot be sustained in law; property mutations require consent from all co-sharers or a court decree.
Violation of natural justice principles renders administrative orders illegal, necessitating an opportunity for hearing in administrative proceedings.
Orders in mutation cases must be finalized by the Tahasildar, and contradictory orders lacking proper procedure are deemed unlawful.
Judicial orders must include reasoning; a non-speaking order violates principles of natural justice and is not sustainable under law.
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