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Showing contexts for: ROR case in Sadasiba Samantaray vs State Of Odisha on 30 June, 2025Matching Fragments
3. That, subsequent thereto, the said Opposite Party No.4 (Tahasildar, Banki) initiated a Mutation Case No.1021 of 2022 suo motu for recalling the earlier mutation order (Annexure-3) passed by him(Opposite Party No.4) in respect of the case land in Mutation Case No.5011 of 2021in favour of the petitioner and also passed final order in that suo motu Mutation Case No.1021 of 2022 on dated 25.11.2022(Annexure-6) for deletion of the name of the petitioner from the RoR No.263/337,(which was prepared after final order of mutation passed by the Opposite Party No.4 in Mutation Case No.5011 of 2021) and to prepare the RoR of the case land in the name of the State and indirectly recalled the final order passed in Mutation Case No.5011 of 2021by him(Opposite Party No.4) without giving any notice to the petitioner for hearing of that suo motu Mutation Case No.1021 of 2022 and also without giving any opportunity of being heard to the petitioner in that suo motu Mutation Case No.1021 of 2022.
On the basis of such final order dated 22.12.2021 (Annexure-3) passed by the Opposite Party No.4 in Mutation Case No.5011 of 2021, RoR vide Khata No.263/337 in respect of the case land was prepared in the name of the petitioner.
Mutation Case No.1021 of 2022 was initiated by the same Opposite Party No.4 suo motu much after preparation of the new RoR vide Khata No.263/337 of the case land in the name of the petitioner on the basis of the order for mutation passed in Mutation Case No.5011 of 2021for recalling the said final order passed on dated 22.12.2021 in Mutation Case No.5011 of 2021.
As per order dated 25.11.2022 passed in suo motu Mutation Case No.1021 of 2022, the Opposite Party No.4(Tahasildar, Banki) directed for removal/deletion of name of the petitioner from the newly prepared RoR of the case land(which was prepared on the basis of his order as per Annexure-3) and to prepare the RoR of the case land in the name of the State cancelling/recalling the final order dated 22.12.2021 passed in Mutation Case No.5011 of 2021indirectly.
6) passed by the Tahasildar, Banki(Opposite Party No.4) in suo motu Mutation Case No.1021 of 2022 that, the said order dated 25.11.2022 (Annexure-6) has been passed by him(Opposite Party No.4) for removal/deletion of the name of the petitioner from the RoR of the case land and to prepare the RoR for the same in the name of the State/Government recalling the final order dated 22.12.2021(Annexure-
3) passed by him(Opposite Party No.4) in Mutation Case No.5011 of 2021indirectly without issuing any notice to the petitioner and without giving any opportunity of being heard to the petitioner. As such, the impugned order vide Annexure-6 has been passed by the Opposite Party No.4 against the petitioner affecting his right already created in his favour as per order on dated 22.12.2021(Annexure-3) passed in Mutation Case No.5011 of 2021without complying the principles of natural justice.