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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 :
A.C. Behera, J.
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).
2. Heard from the learned senior counsel for the petitioner, learned counsel for O.P. No.3 and learned AGA for the State (O.P. Nos.1 & 2).
3. It has been clarified in a decision reported in J.B.R. 1997 (II) 35 (at Page 41) that,
“against an order of the Tahasildar, an appeal lies before the Sub-Collector under Para 92 of the Mutation Manual read with Rule 42 of the O.S. & S Rules and thereafter, revision lies before the Board of Revenue under Para 111 of the Mutation Manual read with Section 32 of the O.S. & S. Act.”
4. Here in this matter at hand, when the petitioner has filed this writ petition praying for quashing (setting aside) the impugned ord
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.
A writ of mandamus can be issued to direct statutory authorities to decide pending applications within a stipulated time frame after due notice to parties.
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