ORISSA HIGH COURT : CUTTACK

WP(C) No.23509 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Ashok Kumar Rout

… Petitioner.

-VERSUS- State of Odisha & Others

… Opposite Parties

Counsel appeared for the parties:

For the Petitioner : Mr. Sudhansu Sekhar Jena, Advocate For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.

(State Opp. Parties)

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 18.09.2025 :: Date of Judgment :18.09.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

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 05.02.2024 passed in Mutation Case No.19045 of 2023 by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.3) on the ground that, the said Mutation Case of the petitioner has been rejected on dated 05.02.2024 (Annexure-1) without giving any opportunity of being heard to him (petitioner).

2. Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State-Opp. Parties.

3. In order to have a clarity, the impugned order passed by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.3) on dated 05.02.2024 (Annexure-1) in Mutation Case No.19045 of 2023 is depicted hereunder:

05/02/2024 “Applied land schedule is a lease hold property as reported by RI. Hence, any change in the land schedule is out of the purview of Tahasildar. The case is rejected.”

Dibyashree Mallick Addl. Tahasildar, Bhubaneswar.”

4. The above impugned order vide Annexure-1 passed by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.3) does not reveal about giving any opportunity of hearing to the petitioner in disposing of his Mutation Case No.19045 of 2023 through the impugned order dated 05.02.2024 (Annexure-1).

5. It appears from the order sheets of Mutation Case No.19045 of 2023 filed by the petitioner that, as per order dated 12/07/2023, the Mutation Case No.19045 of 2023 was posted to 14.07.2023. There is no material in the order sheets about the taking up of the Mutation Case No.19045 of 2023 on dated 14.07.2023. Then, without putting the Mutation Case No.1904 5 of 2023 on the date fixed i.e. on 14.07.2023, the same was put up on 07.08.2023, wherein its next date was not indicated.

Thereafter, surprisingly, impugned order (Annexure-1)

was passed in the Mutation Case of the petitioner on dated

05.02.2024 rejecting the Mutation Case.

6. So, the above order sheets do not reveal about giving any intimation to the petitioner i.e. his Mutation Case No.19045 of 2023 shall be taken up on 05.02.2024. Because, there is no reflection in the order sheets of Mutation Case No.19045 of

2023 about the fixing of the same to 05.02.2024.

Due to non-fixing of the Mutation Case No.19045 of 2023 from 07.08.2023 to 05.02.2024 by the Opp. Party No.3, there was no scope or opportunity for the petitioner to know that, his mutation case shall be taken up by the Opp. Party No.3 on 05.02.2024. For which, the absence of the petitioner on 05.02.2024 before the Opp. Party No.3 was obvious and natural.

7. As such, the impugned order in Mutation Case No.19045 of 2023 has been passed by the Opp. Party No.3 violating the principles of natural justice.

On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:

I. In a case between High Court Bar Association, Allahabad Vrs. State of U.P. & Others reported in 2025 (1) Civ.L.J. (SC) 40 (Para No.16) that, any order passed without complying the principles of natural justice is to be treated as illegal.

II. In a case between Shivaji vrs. Parwatibai and others reported in 2025(2) Civil Law Judgment(S.C.)-528 that, when a case is disposed of against any party without giving him/her an opportunity of hearing, such disposal deserves to be deprecated in view of 2023 SCC online S.C.-1210 between Suresh Lataruji Ramteke vrs. Sau.Sumanbai Pandurang Petkar and others, for which, matter is required to be remitted back for it