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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Susanta Kumar Das – Appellant
Versus
Sub-Collector, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. petitioner's request to quash order. (Para 1) |
| 2. hearing by both parties represented. (Para 2) |
| 3. appeal process clarified under law. (Para 3) |
| 4. petitioner should file revision. (Para 4 , 5) |
| 5. writ petition disposed of finally. (Para 6) |
JUDGMENT :
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 02.11.2012 (Annexure-1) passed in Mutation Appeal No.42 of 2009 by the Sub-Collector, Bhubaneswar (O.P. No.1).
3. It has been clarified in a decision reported in J.B.R. 1997 (II) 35 (at Page 41) that,
4. Here in this matter at hand, when the petitioner has filed this writ petition praying for quashing (setting aside) the impugned order passed by the Sub-Collector, Bhubaneswar (O.P. No.1) in Mutation Appeal No.42 of 2009 instead of filing revision against the same, then at this juncture, in view of the propositions of law enunciated in the ratio of the aforesaid decision, the petitioner should have filed revision instead of this writ petition against the impugned order passed in Mutation Appeal No.42 of 2009 by the Sub-Collector, Bhubaneswar (O.P. No.1). For which, this w
Petitioner must seek revision against a Sub-Collector's order instead of filing a writ petition; limitation provisions apply favorably due to the petitioner’s bona fide mistake.
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.
Judicial orders must include reasoning; a non-speaking order violates principles of natural justice and is not sustainable under law.
A Tahasildar is not required to consult the Collector for correcting the R.o.R as per law, and higher authorities may not set aside such orders without valid reasons.
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