SANGRAM KESHARI NAYAK v. THE SUB-COLLECTOR, CUTTACK
WP(C)/11590/2026 · 2026-04-24
Sashikanta Mishra
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 4058 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4058 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No. 11590 of 2026
Sangram Keshari Nayak …. Petitioner Represented by
Mr. R.N.Nayak, Advocate -Versus - The Sub-Collector, Cuttack & Anr …. Opposite Parties Represented by
Ms. J.Sahoo, ASC
CORAM:
JUSTICE SASHIKANTA MISHRA ORDER_ 24.04.2026
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3. The petitioner has approached this Court with the following prayer:
“In the facts and circumstances of the case, the petitioner most respectfully prays that, this Hon’ble Court may be graciously pleased to allow the writ petition, issue of a writ or direction in the nature of certiorari or any other appropriate writ or direction to trace out the record and dispose of the Mutation Appeal No. 07 of 2010 within a period of two months, which is still pending with the Opp.Party No.1. And/or pass such other order/orders as deemed fit and proper for the interest of justice; And for this act of kindness, the petitioner shall as in duty bound, ever pray.”
4. Mr. R.K.Nayak, learned counsel for the petitioner submits that the appeal has been pending since long for more than a decade
Order No.
01.
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because the appeal record has purportedly gone missing.
5. Learned State counsel submits that the appeal having been duly registered, the records are supposed to be available in the office of the appellate authority.
6. This Court would not like to enter into the factual controversy in this regard. However, it is deemed proper to observe that maintenance of records of any appeal registered in the office of the appellate authority is the responsibility of the said office. The appeal cannot be kept pending indefinitely on the ground of non- availability of records. It is for the appellate authority to trace out the records and dispose of the appeal in accordance with law. The appellant cannot be made to suffer on this account.
7. The writ application is disposed of directing the Sub-Collector, Cuttack to make all endeavour to dispose of the Mutation Appeal No. 7 of 2010 as early as possible, preferably within two months from the date of production of certified copy of this order by the petitioner. To avoid delay, the petitioner is directed to appear before the appellate authority on 30.04.2026 along with certified copy of this order for fixing a date of hearing.
(Sashikanta Mishra) Judge
Deepak