Sukadev Biswal vs State Of Odisha & Others

Ananda Chandra Behera, J

This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner challenging the final order dated 19.11.2024 (Annexure-3) passed in Mutation Appeal No.19 of 2017 by the Sub-Collector, Sambalpur (O.P. No.2) on the ground of non-compliance of the principles of natural justice i.e. without hearing from the Petitioner.

Heard from the learned counsel for the Petitioner, the learned counsel for the O.P. Nos.4 and 5 and the learned Additional Standing Counsel for the O.P. Nos.1 to 3.

It is well evident from the impugned order dated 19.11.2024 (Annexure-3) passed in Mutation Appeal No.19 of 2017 by the Sub-Collector, Sambalpur (O.P. No.2) that, no opportunity of hearing was given to the Petitioner, though, the Petitioner was the said Respondent No.1 in the said appeal.

For which, it is held that, the impugned order dated 19.11.2024 (Annexure-3) has been passed by the Sub-Collector, Sambalpur (O.P. No.2) in Mutation Appeal No.19 of 2017 without complying the principles of natural justice.

So, the said impugned order dated 19.11.2024 (Annexure-3) passed by the Sub-Collector, Sambalpur (O.P. No.2) cannot be sustainable under law.

Therefore, there is justification under law for making interference with the same through this writ petition by the Petitioner.

As such, there is some merit in the writ petition filed by the Petitioner and the same is to be allowed in part.

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

The impugned order dated 19.11.2024 passed in Mutation Appeal No.19 of 2017 by the Sub-Collector, Sambalpur (O.P. No.2) is quashed.

The matter vide Mutation Appeal No.19 of 2017 is remitted back to the Sub-Collector, Sambalpur (O.P. No.2) for deciding the same afresh as per law after giving opportunity of being heard to the Parties thereof in full compliance of the principles of natural justice as expeditiously as possible within a period of one month from the date of appearance of the Parties before the Sub- Collector, Sambalpur (O.P. No.2) in Mutation Appeal No.19 of 2017.

The Parties of this writ petition are directed to appear before the Sub-Collector, Sambalpur (O.P. No.2) in Mutation Appeal No.19 of 2017 on dated 10.11.2025 and to file the certified copy of this judgment for the purpose of receiving directions of the O.P. No.2 as to the further proceedings of the Mutation Appeal No.19 of 2017 on the basis of the directions given in this judgment.

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