Arpit Mohanty vs State Of Odisha & Others

Ananda Chandra Behera, J

This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the final order dated 14.04.2022 passed in Mutation Case No.22992 of 2019 by the Addl. Tahasildar, Bhubaneswar on the ground that, the said Mutation Case of the petitioner has been dropped on dated 14.04.2022 (Annexure-4) without giving any opportunity of being heard to him (petitioner).

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

In order to have a clarity, the impugned orders passed in Mutation Case No.22992 of 2019 by the Addl. Tahasildar, Bhubaneswar are depicted hereunder:

12/11/2021

“This case is taken up today. The R.I. Chandaka is reported that, the petitioner has not produced the original sale deed along with link document of title to prove the title of the vendor and also RSD is not showing LRMS portal. In the absence of all such along with Link RSD documents, the flow of title of the petitioner from recorded tenant is not proved. Issue a fresh notice to the applicant and put up before my Court for further hearing on the fixed dated on 27.11.2021.”

Chittaranajan Pilla

Addl. Tahasildar, Bhubaneswar.”

14/04/2022

“This case is taken up today. The applicant is absent on call or he has not submitted any required document to this Court. In the absence of all such supporting documents, the flow of title of the petitioner from the recorded tenant is not proved. Hence, this case is dropped.”

Chittaranajan Pilla

Addl. Tahasildar, Bhubaneswar.”

It appears from the above order sheets of Mutation Case No.22992 of 2019 that,

as per order dated 12.11.2021, the Mutation Case No.22992 of 2019 was posted to 27.11.2021. The said Mutation Case was not placed on the date fixed i.e. on 27.11.2021. Then, without placing the records of Mutation Case No.22992 of 2019 on the date fixed i.e. on 27.11.2021 for any order, the same was put up on 14.04.2022. On that day, i.e. on 14.04.2022, surprisingly, impugned order (Annexure-4) was passed in the said Mutation Case to drop that case on the ground of absence of the petitioner as well as for non-filing of documents by the petitioner.

The above order sheets do not reveal about the giving up of any intimation to the petitioner that, his Mutation Case No.22992 of 2019 shall be taken up by the Addl. Tahasildar, Bhubaneswar on 14.04.2022. Because, there is no reflection in its previous order sheet about the fixing up of the said case to 14.04.2022.

Due to non-fixing of the date of the Mutation Case No.22992 of 2019 to 14.04.2022 by the Addl. Tahasildar, Bhubaneswar, there was no scope or opportunity for the petitioner to know that, his mutation case shall be taken up by the Addl. Tahasildar, Bhubaneswar on 14.04.2022. For which, the absence of the petitioner on 14.04.2022 before the Addl. Tahasildar, Bhubaneswar was obvious and natural.

Therefore, it is held that, the impugned order dated 14.04.2022 to drop the Mutation Case No.22992 of 2019 has been passed by the Addl. Tahasildar, Bhubaneswar 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 its decision afresh.

Therefore, there is justification under law for making interference with the impugned order passed on dated 14.04.2022 (Annexure-4) in Mutation Case No.22992 of 2019 by the Addl. Tahasildar, Bhubaneswar through this writ petition filed by the petitioner.

As such there is merit in the writ petition filed by the petitioner. The same must succeed.

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

The impugned order dated 14.04.2022 (Annexure-4) passed in Mutation Case No.22992 of 2019 by the Addl. Tahasildar, Bhubaneswar is quashed.

The matter vide Mutation Case No.22992 of 2019 is remitted back to the Addl. Tahasildar, Bhubaneswar to decide the same afresh after giving opportunity of being heard to the petitioner and others, if any within a period of two months from the date of filing of the certified copy of this Judgment by the petitioner before the Addl. Tahasildar, Bhubaneswar.

The petitioner is directed to appear before the Addl. Tahasildar, Bhubaneswar in Mutation Case No.22992 of 2019 on dated 13.01.2026 and to file the certified copy of this Judgment for the purpose of receiving the directions of the Addl. Tahasildar, Bhubaneswar as to further proceeding of the Mutation Case No.22992 of 2019.

As such, the writ petition filed by the petitioner is disposed of finally.