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Judgment
Ananda Chandra Behera, J
This Review Petition has been filed by the petitioner praying for the review of the final order dated 09.01.2026 passed by this Court in W.P.(C) No.37445 of 2025 on the grounds that,
(i) he (petitioner) should have been impleaded as a party in the W.P.(C) No.37445 of 2025 and he should have been given an opportunity of being heard in the said W.P.(C) No.37445 of 2025 but, he was not impleaded as a party in that W.P.(C) No.37445 of 2025 and that writ petition was disposed of behind his back.
(ii) by the time of filing W.P.(C) No.37445 of 2025 praying for directing the Additional Tahasildar, Puri to dispose of the Mutation Case No.4490 of 2025, the said Mutation Case had already been disposed of being rejected.
Heard from the learned counsels of both the sides.
The above first ground raised on behalf of the petitioner to review the final order dated 09.01.2026 passed in W.P.(C) No.37445 of 2025 is not acceptable under law. Because, in the final order dated 09.01.2026 passed in W.P.(C) No.37445 of 2025, direction was given to the Additional Tahasildar, Puri to dispose of the Mutation Case No.4490 of 2025 as per law.
Therefore, if, the petitioner in this review petition is a necessary party in Mutation Case No.4490 of 2025, then, he is not precluded under law to file an application in that Mutation Case for his impleadment as a party therein, and to participate in the hearing of the Mutation Case No.4490 of 2025.
He (petitioner in this review petition) is not estopped under law to raise his all objections at the time of hearing of the Mutation Case No.4490 of 2025.
That apart, it is the settled propositions of law that, a judgment and order passed in a case is not binding upon the person, who was/is not a party in the case.
For which, the judgment/order passed on dated 09.01.2026 in W.P.(C) No.37445 of 2025 is not binding upon the Review Petitioner, as he was not a party in the W.P.(C) No.37445 of 2025.
So far as the second ground raised on behalf of the review petitioner i.e. by the time of filing of the W.P.(C) No.37445 of 2025, the Mutation Case had already been disposed of is concerned;
If that Mutation Case will have been disposed of finally by the Addl. Tahasildar, Puri, by the time of filing of W.P.(C) No.37445 of 2025, then, the question of rehearing of the same does not arise.
For which, like the first ground, this second ground raised on behalf of the petitioner in order to review the final order passed in W.P.(C) No.37445 of 2025 has not become acceptable under law.
As per the discussions and observations made above, when above both the grounds raised on behalf of the review petitioner have become inacceptable under law, then at this juncture, this review petition filed by the review petitioner cannot be allowed. The same must fail.
In result the review petition filed by the petitioner is dismissed on contest.
As such, this review petition filed by the petitioner is disposed of finally.