WP(C) No.16819 of 2025 p. 1 ORISSA HIGH COURT : CUTTACK WP(C) No.16819 of 2025 An application under Articles 226 & 227 of the Constitution of India. *** Nrusingha Barik & Others … Petitioners. -VERSUS- State of Odisha & Others … Opposite Parties. Counsel appeared for the parties: For the Petitioner : Mr. S.K. Baral, Advocate. For the Opposite Parties : Mr. T. Kumar, Addl. Standing Counsel. P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA WP(C) No.16819 of 2025 p. 2 Date of Hearing : 24.06.2025 :: Date of Judgment : 24.06.2025 JUDGMENT ANANDA CHANDRA BEHERA, J.— 1. This writ petition has been filed by the petitioners praying for quashing the final order dated 27.01.2025 passed in Mutation Appeal No.17 of 2021 by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) on the ground that, the said appeal has been disposed of by the Sub- Collector, Jagatsinghpur (Opp. Party No.2) without giving any opportunity of being heard to the petitioners. 2. Heard from the learned counsel for the petitioners and the learned ASC for the State. 3. It appears from the impugned order dated 27.01.2025 passed in Mutation Appeal No.17 of 2021 that, at the beginning of the said order, it has been reflected by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) that, the learned counsel for the respondents (who are the petitioners in this writ petition) was present. Thereafter, in the said order, it has been reflected by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) that, none has appeared on behalf of the respondents (who are the petitioners in this writ petition). 4. So, the impugned order dated 27.01.2025 passed in Mutation Appeal No.17 of 2021 by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) is self-contradictory, which is probabilising to the argument of the learned counsel for the petitioners that the, impugned order has been WP(C) No.16819 of 2025 p. 3 passed without giving any opportunity of being heard to the petitioners of this writ petition (respondents in the Mutation Appeal No.17 of 2021), for which, the said impugned order passed by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) cannot be sustainable under law. 5. Therefore, there is justification under law for making interference with the impugned order passed on dated 27.01.2025 in Mutation Appeal No.17 of 2021 by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) through this writ petition filed by the petitioners. 6. As such, there is merit in the writ petition filed by the petitioners. The same must succeed. 7. In result, the writ petition filed by the petitioners is allowed on contest. 8. The impugned order passed on dated 27.01.2025 in Mutation Appeal No.17 of 2021 by the Sub-Collector, Jagatsinghpur (Opp. Party No.2) is set aside/quashed. 9. The matter vide Mutation Appeal No.17 of 2021 is remitted back to the Sub-Collector, Jagatsinghpur (Opp. Party No.2) for hearing and disposal of the same afresh as per law after giving opportunity of being heard to the parties and complying the principles of natural justice in full within a period of 2 months from the date of communication of this Order. 10. The Registry is directed to communicate this order immediately to the Sub-Collector, Jagatsinghpur (Opp. Party No.2). WP(C) No.16819 of 2025 p. 4 11. Accordingly, the writ petition filed by the petitioners is disposed of finally. 12. Urgent certified copy of this order be granted to the petitioners on proper application. (ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 24 .06. 2025// Rati Ranjan Nayak Sr. Stenographer Location: High Court of Orissa, Cuttack, India.