IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33539 of 2025

(An application under Articles 226 and 227 of the Constitution of India, 1950) Gitanjali Jena …. Petitioner

-versus-

State of Odisha and Others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. R.N. Behera,

Advocate.

For Opposite Parties - Mr. Tej Kumar,

Standing Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :29.11.2025

A.C. Behera, J. This writ petition under Articles 226 & 227 of the

Constitution of India, 1950 has been filed by the petitioner challenging the impugned order dated 11.10.2025 (Annexure-2) passed in Mutation No.4) on the ground of non-providing of opportunity of being heard to

the petitioner.

2. Heard from the learned counsel for the petitioner and learned ASC

for the State.

3. The case of the petitioner is that, she (petitioner) filed this writ petition praying for quashing the impugned order dated 11.10.2025 Tahasildar, Bhubaneswar (O.P. No.4) on the ground that, the said order has been passed without giving any opportunity of hearing to her (petitioner).

The impugned order vide Annexure-2 passed by the Addl.

Tahasildar, Bhubaneswar (O.P. No.4) does not reveal about the providing of any opportunity of hearing to the petitioner for passing of such impugned order vide Annexure-2.

4. When, the impugned order vide Annexure-2 does not reveal about the providing of any opportunity of hearing to the petitioner, then at this juncture, it is held that, the impugned order has been passed by the O.P. No.4 violating the principles of natural justice. For which, the impugned order vide Annexure-2 cannot be sustainable under law.

Therefore, the impugned order dated 11.10.2025 (Annexure-2)

Bhubaneswar (O.P. No.4) is liable to be quashed.

For which, it is held that, there is merit in the writ petition filed by the petitioner. The same is to be allowed.

5. In result, the writ petition filed by the petitioner is allowed.

The impugned order dated 11.10.2025 (Annexure-2) passed in (O.P. No.4) is quashed (set aside).

The matter vide Mutation Case No.19135 of 2025 is remitted back (remanded back) to the Addl. Tahasildar, Bhubaneswar (O.P. No.4) to decide the same afresh as per law within a period of two months from the date of appearance of the parties in the said Mutation Case No.19135 of 2025 after providing opportunity of being heard to the parties thereof including the petitioner in full compliance of the principles of natural justice.

6. The parties to this writ petition are directed to appear before the Addl. Tahasildar, Bhubaneswar (O.P. No.4) in Mutation Case No.19135 of 2025 on dated 08.12.2025 and to produce the certified copy of this judgment for the purpose of receiving the directions of O.P. No.4 as to further proceedings of the said Mutation Case No.19135 of 2025.

7. As such, this writ petition filed by the petitioners is disposed of finally.

(A.C. Behera), Judge.

Orissa High Court, Cuttack. 29.11.2025//Utkalika Nayak//

Junior Stenographer Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Dec-2025