CUTTACK, India, May 16 -- Orissa High Court issued the following order on April 15:
1. Heard.
2. The petitioners have filed this writ petition, inter alia, making the following prayer:-
"Under the aforesaid facts and circumstances of a the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to issue writ of mandamus by quashing the proceedings in TMC No.112/17-18 under Annexure-1series so also the Certificate Case No.186/18-19 consequent upon such Touzi Mis.Case against the petitioners under Annexure-3 respectively"
3. Learned counsel for the petitioners submits that the Certificate Case No.186/18-19 initiated against the petitioners is arbitrary and beyond the scope of law. In that regard, both the petitioners have filed separate objections to the certificate case, which has not been attended to by the Tahasildar, Nilagiri-opposite party no.4. At this stage, the petitioners have approached this Court seeking to quash the certificate proceeding.
4. In view of the aforementioned, this Court is not inclined to entertain this writ petition at this stage because the same is premature as the certificate case is pending adjudication and the contention raised by the petitioners in the writ petition has already been urged before the Tahasildar, Nilagiri-opposite party no.4 in the objection filed by both the petitioners. Therefore, it is expected that the Tahasildar, Nilagiri-opposite party no.4 shall deal with the objections filed by the petitioners and pass the final order. The petitioners are granted liberty to place all materials before the Tahasildar, Nilagiri-opposite party no.4 seeking dropping of the certificate proceeding. It is expected that opposite party no.4 shall do well to see that the objections raised by the petitioners are decided in accordance with law by taking into consideration the objections. This Court is not delving upon the issues on merit.
5. With the above observation, the writ petition is disposed of.
Disclaimer: Curated by HT Syndication.
