Delay in Mutation: HC Imposes Rs 3k Fine on Tehsildar

Cuttack: The Orissa High Court has imposed Rs 3,000 fine on the tehsildar of Bhograi in Balasore district for “serious negligence in duty” in dealing with a mutation application which has been pending for disposal for over a decade. The court was hearing a petition filed by Puspalata Ghadei and others seeking intervention against inordinate delay in disposal of the mutation application.

Single-judge bench of Justice Biswanath Rath pronounced the order after the tehsildar of Bhograi appeared in person on October 12. “It is unfortunate to note that even though the tehsildar joined the post at Bhograi on November 6, 2020, he had now submitted that the record involving the mutation case filed by the petitioners is not traceable,” Justice Rath said.

Observing that it is the responsibility of the establishment, he said there is definite suffering to the persons for non-disposal of the mutation proceeding initiated in 2011. Adjourning the matter to November 9, Justice Rath said, “for the suffering of the petitioners for no latches of them, this court imposes a cost of Rs 3000 to be paid to the Petitioners by Kamalakanta Panda, tehsildar, Bhograi personally to mitigate the unnecessary delay in disposal of such petty matter.”

There shall be no reimbursement of the said amount from the state exchequer by the tehsildar, Bhograi, as this court observes, there is serious negligence in discharging of duty by the tehsildar, the court said in the order. The tehsildar was directed to be present in the court on the next date of hearing to explain the development in the matter, if any.

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