K.R. Mohapatra, J.:— This matter is taken up through video conferencing mode.
2. This writ petition has been filed for a direction to the Opposite Parties, more particularly, Opposite Party No. 3-Tahasildar, Baramba to dispose of Mutation Case No. 2164 of 2006 stated to be pending before him.
3. It is submitted by learned counsel for the Petitioners that Title Suit No. 17 of 2001 filed by the Petitioner against the State Government for declaration of their right, title and interest over Hal Plot No. 274 under Khata No. 162 to an extent of Ac.0.07 decimals in Mouza-Banmalipur under Baramba Tahasil in the district of Cuttack was decreed ex-parte by learned Additional Civil Judge (Junior Division), Baramba vide judgment and decree dated 2 February, 2005 and 16 February, 2005 respectively. Thereafter, the Petitioners filed Execution Case No. 1 of 2014, which was dropped vide order dated 12 March, 2018 holding that no execution of a declaratory decree can been made. However, after the judgment and decree passed in Title Suit No. 17 of 2001, the Petitioners filed Mutation Case No. 2164 of 2006 before the Tahasildar, Baramba, which is still pending. In spite of best efforts, the Petitioners are not in a position to know the status of the said mutation case. However, they have been informed that the aforesaid mutation case is still pending with the Tahasildar, Baramba. In that view of the matter, the Petitioners finding no other alternative have filed this writ petition seeking the aforesaid relief.
4. Mr. Misrha, learned Additional Government Advocate for the State submits that he has no instruction in the matter. However, if the mutation case as stated above is still pending with the Tahasildar, Baramba, the same can be disposed of in accordance with law, if there is no legal impediment.
5. Taking into consideration the submissions made by learned counsel for the parties, this Court without expressing any opinion on the merits of the case, disposes of the writ petition with a direction that in the event the Petitioners move the Tahasildar, Baramba-Opposite Party No. 3 along with an authenticated copy of this order within a period of three weeks hence, he shall do well to proceed with Mutation Case No. 2164 of 2006 stated to be pending before him in accordance with law giving opportunity of hearing to the parties concerned and shall make an endeavour to dispose of the same as expeditiously as possible preferably within a period of six months from the date of filing of such application, if there is no legal impediment.
6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25 March, 2020 as modified by Court's Notice No. 4798 dated 15 April, 2021.