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2025 DAILYLAW 64005 (ORI)

PUSPANJALI PRADHAN v. STATE OF ODISHA

WP(C)/1376/2025 · 2025-03-21

Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1376 of 2025 1. Puspanjali Pradhan 2. Chhabirani Pradhan 3. Banita Pradhan ….. Petitioners Mr. Sujay Shankar Singhdeo, Advocate -versus- 1. State of Odisha represented through the Principal Secretary Revenue Department Govt. of Odisha, Bhubaneswar 2. The Collector, Kalahandi 3. The Sub-Collector, Bhawanipatna 4. The Tahasildar, Bhawanipatna 5. The Revenue Officer, Bhawanipatna ….. Opp. Parties Mr. Partha Sarathi Nayak, A.G.A. CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 21.03.2025 Order No. 01. This matter is taken up through hybrid Mode. 2. This writ petition has been filed by the petitioners challenging the order dated 17.12.2023 passed in Mutation Case No. 5441 of 2023 (Annexure-7) and to direct the opposite parties no. 1 to 5 to execute the will and to make mutation according to the will dated 26.06.2013. 3. Mr. Sujay Shankar Singhdeo, learned counsel for the petitioners submits that the petitioners had earlier approached this Court in W.P.(C) No. 13816 of 2024 and the application had been disposed of on 10.09.2024 granting liberty to the petitioners to file the better petition with better particulars. Mr. Singhdeo, learned counsel for the petitioners submits that the Tahasildar has rejected the application of the petitioner on the ground that there is mis-match in the name of the recorded tenant and the executance of the will and as an applicant has failed to produce the legal heir certificate. 4. Mr. Partha Sarathi Nayak, learned Additional Government Advocate for the State submits that alternative remedy against this order as per Rule 92 of the Odisha Mutation Manual, is available. 5. In view of the availability of alternative efficacious remedy of appeal under Rule 92 of the Odisha Mutation Manual, I am not inclined to entertain this Writ Petition. The Writ Application is disposed of granting liberty to the petitioner to file appeal before the appropriate authority along with an application for condonation of delay with a copy of this order. If the same is done within a period of three weeks, they shall be considered by the authority in accordance with law. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer