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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Satyabhama Seth – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. details of the petitioner and property involved. (Para 1 , 5) |
| 2. lack of reasoning in the order. (Para 3) |
| 3. importance of reasons in judicial orders. (Para 4) |
| 4. court's decision to quash the order. (Para 6 , 7) |
| 5. direction for further proceedings. (Para 8 , 9) |
JUDGMENT :
This writ petition has been filed by the petitioner under Articles 226 & 227 of the Constitution of India, 1950 praying for quashing the impugned order, which has been passed to drop her Mutation Case No.2308 of 2025 on dated 29.05.2025 by the Addl. Tahasildar, Tangi in the District of Khordha (O.P. No.4).
3. It appears from the impugned order dated 29.05.2025 (Annexure-4) passed in Mutation Case No.2308 of 2025 by the Addl. Tahasildar, Tangi (O.P. No.4) that, the impugned order dated 29.05.2025 (Annexure-4) is absolutely a blank and non-speaking order.
So, the above order dated 29.05.2025 (Annexure-4) passed by O.P. No.4 in Mutation Case No.2308 of 2025 is purely a non-speaking as well as a blank order and the same is not backed/supported by any reason.
4. The fate of a non-speaking order like the impugned order vide Annexure-4 (which is not backed/supported by any reason and without application of mi
A non-speaking order lacks reasoning and cannot be sustained in law; property mutations require consent from all co-sharers or a court decree.
Judicial orders must be reasoned and non-cryptic; failure to do so contravenes the principles of natural justice.
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.
Violation of natural justice principles renders administrative orders illegal, necessitating an opportunity for hearing in administrative proceedings.
A landowner's right to mutate property based on a registered sale deed cannot be legally denied without lawful acquisition or evidence of ownership disputes.
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