LALA SACHIKANTA CHAND Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition is with a prayer to quash the order dated 12.7.2010 (Annexure-2 to the writ petition) passed by the learned Tahasildar, Sadar, Cuttack allowing mutation in favour of opposite party No. 3 in respect of the land appertaining to Plot No. 23 under Khata No. 219 in Mouza-Unit No. 5, Dakhina Tulsipur. Opposite party No. 3 made an application for mutation of Record of Right in respect of the aforestated land. In the mutation proceeding registered as M.C. No. 4852 of 2009 general notice inviting objection was issued. The petitioner filed his objection (Annexure-3). Subsequent thereto, the Revenue Inspector, knowing that it was a contested case, put up note that the case be heard by the Tahasildar. The learned Tahasildar took up the matter on 12.7.2010 and without issuing notice to the objector and wrongly observing that no objection was filed by any person, passed the impugned order allowing the mutation, thereby violating the principles of natural justice.

(2.) In his counter opposite party No. 3 has contented that the learned Tahasildar has disposed of the Mutation Case in accordance with law, that the petitioner instead of approaching this Court ought to have availed alternative remedy available to him by way of appeal or review under the Orissa Mutation Manual, and that the petitioner having no right, title, interest over the case land had no locus standi to raise any objection before the Tahasildar.

(3.) Learned counsel for the State admitting that the petitioner's objection vide Annexure-3 was not taken into consideration by the learned Tahasildar, submits that alternative remedy being available to the petitioner, the present writ petition is not maintainable.