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2025 DAILYLAW 40331 (ORI)

HEMANT KUMAR RANA v. STATE OF ODISHA

WP(C)/16225/2025 · 2025-09-01

Ananda Chandra Behera

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16225 of 2025 -versus- State of Odisha and others Opposite Party(s) Ms. J. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA Order No. ORDER 01.09.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsels of both the sides. 3. Upon hearing from the learned counsels of both the sides, it is felt proper to dispose of this writ petition finally setting aside the order dated 20.07.2023 passed in Abatement Case No.09 of 2023 by the Tahasildar, Bhubaneswar(Opposite Party No.4), because, the said impugned order dated 20.07.2023 was passed by the Tahasildar, Bhubaneswar(Opposite Party No.4) without giving any opportunity of being heard to the petitioner, whose name the RoR of the case land was continuing by the time of passing of the impugned order for correction to his name, the name of Odisha Water Supply and Swerage Board(Opposite Party No.5). 4. Because, it is settled propositions of law that, no order for mutation can be passed without giving any opportunity of being heard to the person on whose name by the time the impugned order for RoR stand. Hemant Kumar Rana ..... Petitioner Mr. J. Patnaik, Advocate 5. As such, the impugned order dated 20.07.2023 has been passed by the Tahasildar, Bhubaneswar(Opposite Party No.4) without complying the principles of natural justice. For which, in view of such principles of law, the impugned order dated 20.07.2023 passed by the Tahasildar, Bhubaneswar(Opposite Party No.4) cannot be sustainable under law. 5. Hence, the impugned order dated 20.07.2023 passed in Abatement Case No.09 of 2023 by the Tahasildar, Bhubaneswar(Opposite Party No.4) is quashed. The Abatement Case No.09 of 2023 is remitted back(remanded back) to the Tahasildar, Bhubaneswar(Opposite Party No.4) to decide the same afresh as per law after giving opportunity of being heard to the petitioner and others, if any, within a period of one month positively from the date of communication of this order. 6. Registry is directed to communicate the copy of this order immediately to the Tahasildar, Bhubaneswar(Opposite Party No.4) immediately. 5. As such, the writ petition is disposed of finally. 6. Urgent certified copy of this order be granted to the petitioner on proper application. ( A.C. Behera ) Judge Jagabandhu Designation: Personal Assistant