Akhtar Mahammed vs State Of Odisha And Others

Arindam Sinha, J

Mr. Chhatoi, learned advocate appears on behalf of petitioner and submits, prayer of his client is for direction upon opposite party no.3 to cancel legal heir certificate issued by the Tahsildar in Misc. Case no.435 of 2007 and consequential directions. He draws attention to affidavit filed on behalf of Public Information Officer (PIO), Bhubaneswar Tahasil that record of Legal Heir Misc. Case no.435 of 2007 was not readily available but from the register it was confirmed that a legal heir certificate was issued.

On query from Court, Mr. Chhatoi refers to rule 10 in Odisha Miscellaneous Certificate Rules, 2019 providing for appeal. He submits, since the case record is not available his client is before the writ Court.

Mr. Babu, learned advocate, Additional Government Advocate appears on behalf of State.

Rahima Bibi, W/o-Afsar Mahammed, of Jharpada Muslim Basti, Bhubaneswar, Khordha Odisha-751006, applicant for legal heir certificate issued in Misc. Case no.435 of 2007 is added as party. Petitioner has leave to cause amendment in the cause title, to be counter signed by Court Master. Thereupon, consolidated cause title be filed.

Issue notice along with this order on added private opposite party no.3, Rahima Bibi, W/o-Afsar Mahammed, of Jharpada Muslim Basti, Bhubaneswar, Khordha Odisha-751006, by registered/speed post with A.D. Petitioner will put in requisites.

Opposite parties will be heard on why the legal heir misc. case should not be restored to the Tahsildar since, remedy of appeal cannot be resorted to by petitioner as the record is not available.

List on 8th December, 2022.

................................................