AJAYA KUMAR MOHANTY v. MEMBER OF BOARD OF REVENUE, CUTTACK
WP(C)/15240/2023 · 2025-04-15
Ananda Chandra Behera
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 36629 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36629 (ORI) · dailylaw.ai ]
Judgment text
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Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.15240 of 2023 Ajaya Kumar Mohanty ..... Petitioner
Represented By Adv. - Sailesh Das, Prafulla Ku. Rath -versus- 1) Member Of Board Of Revenue, Cuttack ..... Opposite Parties 2) Sub Collector Cuttack 3) Tahashildar Niali 4) Santanu Mohanty 5) Mamata Samantray
Represented By Adv. – Mr. S. Nayak, ASC M/s Goutam Ch Rout
CORAM:
THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER 15.04.2025
Order No.
08. 1. This matter is taken up through hybrid mode. 2. This writ petition has been filed by the petitioner challenging the final order dated 21.10.2022 passed by the Member Board of Revenue, Cuttack under Annexure-1 wherein that revision petition filed by the petitioner was dismissed confirming the order of the Sub-Collector, Sadar, Cuttack in Mutation Appeal Nos.5 of 2018 and 6 of 2018 arising out of Mutation Case Nos.2710 of 2017 and 2711 of 2017 passed by the Tahasildar, Niali. 3. During course of hearing of this writ petition, the learned counsels of both the sides fairly submitted that, a civil suit vide CS No.283 of 2018 is sub-judice in the Court of learned Civil Judge Senior Division Second Court, Cuttack relating to the same case land, which is involved in this writ
Page 2 of 3. petition, wherein the title as well as the status of the writ petitioner is an issue, which are to be adjudicated. 4. Both the parties of this writ petition are contesting that, civil suit vide Civil Suit No.283 of 2018. 5. It is the settled propositions of law that, where the matter is sub-judice in the civil Court concerning the self- same subject matter, the Revenue Authorities should not interfere with the same, but to leave the matters in the hands of civil Court to decide the controversies between the parties finally there. 6. When the civil suit relating to the case land vide CS No.283 of 2018 is sub-judice between the parties in the Court of learned Civil Judge Senior Division Second Court, Cuttack, then, it is held that, the impugned orders passed by the Revenue authorities in Mutation case, by the Tahasildar, in Mutation appeal by the Sub-Collector and in revision by the Member, Board of Revenue relating to the preparation of the Revenue Records of the case land being purely fiscal in nature, the said orders shall never influence in any manner in the adjudication of the civil suit between the parties in CS No.283 of 2018 relating to the case land by the learned Civil Judge Senior Division Second Court, Cuttack and the civil Court is free to decide the same without taking into account the findings and observations made by the above Revenue authorities in mutation case, mutation appeal and revision. 7.
7. The parties of both the sides through their learned counsels submitted that, they are eagerly interested for early disposal of the civil suit, for which, on the basis of the
Page 3 of 3. aforesaid submissions of the learned counsels of both the sides, it is felt proper to direct the learned civil Judge Senior Division Second Court, Cuttack by exercising supervisory jurisdiction under 227 of the Constitution of India, 1950 to dispose of the CS No.283 of 2018 as per law as expeditiously as possible within a period of 6 (six) months hence. 8. Accordingly, the writ petition is disposed of finally. 9. Urgent certified copy of this order be granted to the parties on proper application. (ANANDA CHANDRA BEHERA) Judge Sipra
Cuttack