Orissa High Court
WP(C)/26108/2024 of BINODA KUMAR MISHRA @ BINOD KUMAR MISHRA Vs STATE OF ODISHA on 9 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.26108 of 2024 CNR No. ODHC010752002024 Binoda Kumar Mishra @ Binod Kumar Mishra ..... Petitioner Represented by Adv. - Jajati Keshari Khuntia -versus- State Of Odisha & Others ..... Opposite Parties Represented by Adv. - M/s. Sanjeev
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.26108 of 2024
CNR No. ODHC010752002024
Binoda Kumar Mishra @
Binod Kumar Mishra
.....
Petitioner
Represented by Adv. -
Jajati Keshari Khuntia
-versus-
State Of Odisha &
Others
.....
Opposite Parties
Represented by Adv. - M/s. Sanjeev
Udgata,
Mr. G. Mohanty, SC
CORAM:
MR. JUSTICE SASHIKANTA MISHRA
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ORDER
09.09.2026
1. This matter is taken up through hybrid mode.
2. As directed, learned State Counsel has produced the case record in the notice appeal.
3. Upon perusal of the case record, it does not conclusively reveal if notice was served upon the appellant and other parties. The postal envelopes contain the endorsement that the addressee has left and hence returned to sender. In the absence of any conclusive proof regarding service of notice, this Court is of the view that the impugned order cannot be sustained.
4. In such view of the matter, the impugned order is set aside. The matter is remitted for hearing of Mutation Appeal Case No.15 of 2006 afresh by the Appellate Authority after granting opportunity of Order No. 11
Page 2 of 2. hearing to all concerned. The person seeking to intervene in the matter is also at liberty to seek his impleadment by filing appropriate application before the Appellate Authority. If such application is moved, the same shall be considered in accordance with law.
5. To cut short the delay, the parties are directed to appear before the Appellate Authority on 24th September, 2026 at 10.30 a.m. for fixing a further date of hearing.
6. The appeal shall be disposed of as early as possible, preferably within six weeks from the date of appearance.
(Sashikanta Mishra)
Judge
Sipra Digitally Signed Signed by: SIPRA MUDULI Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Sep-2026 17:32:57 Signature Not Verified