IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Arata Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed challenging tahasildar's order. (Para 1 , 3 , 4) |
| 2. natural justice violations render order illegal. (Para 5) |
| 3. court finds merit in the petition. (Para 6 , 7) |
| 4. writ petition allowed; order quashed and remanded. (Para 8 , 9 , 10) |
JUDGMENT :
1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the final order dated 30.05.2025 passed in Mutation Case No.2197 of 2025 by the Tahasildar, Odagaon (Opp. Party No.3).
3. The factual backgrounds of this writ petition which prompted the petitioner for filing of the same is that, the petitioner had filed a Mutation Case vide Mutation Case No.2197 of 2025 before the Tahasildar, Odagaon (Opp. Party No.3) praying for Mutation of the properties to his name covered under a unregistered Will, but as per order dated 30.05.2025, the Tahasildar, Odagaon (Opp. Party No.3) dropped that Mutation Case of the petitioner on the ground of absence of the petitioner on that day.
5. It appears from the impugned order dated 30.05.2025 (Annexure-1) that, the previous date of Mutation Case No.2197/2025 was on 15.05.2025. In the order dated 15.05.2025
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.
Orders in mutation cases must be finalized by the Tahasildar, and contradictory orders lacking proper procedure are deemed unlawful.
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