p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17311 of 2023 Debasish Ray … Petitioner Mr. B. Rath, Advocate -Versus - State of Odisha and Others … Opp.Parties Mr. A.R. Dash, AGA Mr. P.K. Ghose, Adv. for O.P. No.4 CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 22.04.2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner, learned Addl. Government for the State and learned counsel for opposite party No.4. 3. After hearing learned counsel for the parties at length, this Court finds that the petitioner being a recorded tenant was entitled to an opportunity of hearing by the appellate authority. He was never impleaded as opposite party by the appellant, though the order has been passed against him. 4. Considering the fact that the petitioner, being the recorded tenant, has a direct stake in the matter, he is a necessary party. In the considered view of this Court, the impugned order is hence, unsustainable. The matter is remitted to the Sub-Collector, Bhubaneswar for hearing of the Mutation Appeal No.56 of 2019 afresh after impleading the petitioner as a party and by affording Order No. 03. p. 2 opportunity of hearing to all concerned parties. The appellate authority shall dispose of the matter within six weeks from today. 5. The writ petition is disposed of. (Sashikanta Mishra) A.K. Rana Judge Designation: P.A.