p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.40258 of 2023 CORAM: JUSTICE SASHIKANTA MISHRA ORDER 15.07.2026 1. This matter is taken up through hybrid mode. 2. The petitioners have approached this Court with following prayer:- “It is therefore, prayed that this Hon’ble Court may graciously be pleased to admit the writ application, issue rule NISI call for the records from the Court below and issue notice to the Opposite Parties as to why impugned order dated 10.11.2022 passed by the Opposite Party No.1 under Annexure-4 being abated against the petitioners since its inception and resultantly notice issued in Mutation Case No.425 of 2017 to one of the deal legal heir of the recorded tenant under Annexure-5 to the writ application shall not be quashed and on their failure to show case or showing insufficient cause, this Hon’ble Court may be pleased to allow the present writ application and may further be pleased to pass such other or further order(s)/direction(s) and issue appropriate writ as this Hon’ble Court may deem fit and proper considering the present facts and circumstances of the case. And for this act of kindness, the petitioner as in duty bound shall ever pray.” 3. In course of hearing, it is brought to notice of this Court that the impugned order has been passed against dead persons. Mr. Dhal, learned counsel for the petitioner draws attention of this Salmi Tirkey & Others .… Petitioners Represented by Mr. B.P. Dhal, Advocate -Versus- The Additional Sub-Collector, Panposh, Rourkela & Others .… Opp. Parties Represented by Mr. A.R. Dash, Additional Government Advocate Mr. D.K. Pradhan, Advocate (For O.P. No.3) Order No. 09. . p. 2 Court to the observation under paragraph 5 of the impugned order wherein the fact of death of two respondents namely, Manga Oram and Mangru Oram has been explicitly mentioned. Death certificates also appear to have been produced before the Court. In spite of recording such facts, the Court below proceeded and disposed of the matter on merits. 4. It goes without saying that any order passed against a dead person is a nullity. 5. In such view of the matter, the Writ Petition is allowed. The impugned order is set aside. The matter is remitted to the Sub- Collector, Panposh to hear the Revenue Appeal Case No.42 of 2021 afresh after granting opportunity to the appellants to substitute the deceased respondents and thereafter, proceed in accordance with law. (Sashikanta Mishra) Judge Puspanjali Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.