IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Damodar Mahapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
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| 1. the petition challenges a contradictory mutation order. (Para 1 , 3) |
| 2. law requires tahasildar's involvement in mutation orders. (Para 4 , 5 , 6) |
| 3. writ petition allowed; orders quashed and remanded. (Para 7 , 8) |
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 order dated 25.06.2016 passed in Mutation Case No.592/2016 by the I/c, R.I., Tikarpada, wherein the I/c, R.I., Tikarpada dropped to the Mutation Case No.592 of 2016 of the petitioner .
3. It appears from the impugned order dated 25.06.2016 passed in Mutation Case No.592/2016 that, the impugned order dated 25.06.2016 to drop the Mutation Case No.592 of 2016 of the Petitioner has been passed by the I/c, R.I., Tikarpada under Muniguda Tahasil in the District of Rayagada, but the Tahasildar, Muniguda has put his signature on dated 13.09.2016 in the same page of the impugned order dated 25.06.2016 after some blank space. The order passed by the I/c, R.I., Tikarpada on dated 25.06.2016 to drop the Mutation Case No.592/2016 is a self- contradictory order, because, in the said order, first he has allowed the Mutation
Orders in mutation cases must be finalized by the Tahasildar, and contradictory orders lacking proper procedure are deemed unlawful.
Violation of natural justice principles renders administrative orders illegal, necessitating an opportunity for hearing in administrative proceedings.
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.
Writ petitions can be maintained despite alternate remedies if government officials act contrary to law, emphasizing the necessity of adherence to procedural standards in administrative decisions.
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