The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.613 of 2024 (In the matter of an application under Article 226 and 227 of the Constitution of India) Ipsit Dash …. Petitioner -versus- State of Odisha and Others …. Opposite Parties Appeared in this case:- For Petitioner For Opposite Parties : :
Legal Reasoning
Mr. Nirod Kumar Sahoo, Advocate Mr. S. Nayak Additional Standing Counsel CORAM: JUSTICE A.C. BEHERA JUDGMENT Date of hearing : 02.07.2025 / Date of judgment : 02.07.2025 A.C. Behera, J. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the order dated 03.02.2023 (Annexure-23) passed by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.4) in Mutation Case No.41910 of 2022. 2. I have already heard from the learned counsel for the Petitioner and the learned Addl. Standing Counsel for the State-Opposite Parties. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2025 10:44:31 Page 1 of 6 3. The case of the petitioner that, he filed Mutation Case No.41910 of 2022 on the basis of the final order dated 13.09.2021 passed in OSS Case No.1119 of 2019 by the Learned Additional Commissioner, Additional Revisional Court, Bhubaneswar under Section-15(b) of the Orissa Survey and Settlement Act, 1958. 4. In the said final order dated 13.09.2021 passed in OSS Case No.1119 of 2019, by the Opp. Party No.4 (Additional Commissioner, Additional Revisional Court, Bhubaneswar), the Opp. Party No.3 (Tahasildar, Bhubaneswar) was directed to verify all the relevant documents and make proper filed verification of possession along with Sabik Hal comparison of the suit land and to record the said land in favour of the Petitioner following due process of law. 5. The Mutation Case No.41910 of 2022 filed by the petitioner was transferred by the Tahasildar, Bhubaneswar (Opp. Party No.3) to the Additional Tahasildar, Bhubaneswar (Opposite Party No.4). 6. The Additional Tahasildar, Bhubaneswar (Opp. Party No.4) passed final order in that Mutation Case No.41910 of 2022 on dated 03.02.2023 under Annexure-23 as follows: “in regard to change of Kisam of the applied suit land from Chhota Jungle to Gharabari, this Court is not Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2025 10:44:31 Page 2 of 6 competent to do so and lacks jurisdiction. In view of the above, this authority is constrained not to proceed further in passing any order as being without jurisdiction; Therefore, the claim of the applicant needs no consideration at this stage and this Mutation Case is hereby dropped.” 7. It is well evident from the contents of the above impugned order vide (Annexure-23) passed by the Additional Tahasildar, Bhubaneswar in Mutation Case No. 41910 of 2022 that, previously the case land was converted by the Tahasildar, Bhubaneswar (Opp. Party No.3) in O.L.R. Case No.6047 of 2007 under Section 8A of the O.L.R. Act from Sharad-II to Gharabari holding its status as Sthitiban land of the petitioner. 8. The said order of the Tahasildar, Bhubaneswar (Opp. Party No.3) passed in OLR Case No.6047 of 2007 under Section 8A of the OLR Act has not been varied/altered or set aside as yet. For which, the final order passed by the Tahasildar, Bhubaneswar (Opp. Party No.3) in OLR Case No.6047 of 2007 under Section 8A of the OLR Act regarding the Kisam of the case land as Gharabari and its status as Sthitiban land of the petitioner has already been reached in its finality without being challenged in any manner either by the Tahasildar, Bhubaneswar or anyone else. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2025 10:44:31 Page 3 of 6 9. Therefore, the Tahasildar, Bhubaneswar (Opp. Party No.3) including Additional Tahasildar, Bhubaneswar (Opp. Party No.4) are estopped under law to take any view in Mutation Case No.41910 of 2022 filed by the Petitioner contrary to the views expressed earlier by the Tahasildar, Bhubaneswar (Opp. Party No.3) in OLR Case No.6047 of 2007 under Section 8A of the OLR Act about the Kisam and Status of the case land. So, during the course of compliance to the directions made in OSS Case No.1119 of 2019 by the Additional Tahasildar, Bhubaneswar (Opp. Party No.4) in disposing of the Mutation Case No.41910 of 2022 as per Annexure-23, the Opp. Party No.4 should not have expressed her inability and lack of jurisdiction for recording the Kisam and Status of the case land as Gharabari and Sthitiban in the name of the petitioner. Because, it is the duty of the authorities of the Government/State like the Opp. Party No.4 to deal with the matters of the citizens like Mutation Case No.41910 of 2022 of the petitioner in all fairness consistently without taking any view contradicting the earlier unassailed/unchallenged view of the same authority passed in OLR Case No.6047 of 2007 under Section 8A of the OLR Act. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2025 10:44:31 Page 4 of 6 10. When the views of the Opp. Party No.4 in the impugned order dated 03.02.2023 (Annexure-23) in Mutation Case No. 41910 of 2022 is contrary to the unchallenged views made by the Tahasildar, Bhubaneswar (Opp. Party No.3) in OLR Case No.6047 of 2007 under Section 8A, then, in view of the above propositions of law, the said Annexure-23 cannot be sustainable under law being contrary to law. For which, that Annexure-23 is liable to be quashed. 11.
Decision
In result, the writ petition filed by the Petitioner is allowed. 12. The order dated 03.02.2023 (Annexure-23) passed in Mutation Case No. 41910 of 2022 by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.4) is quashed (set aside). The Mutation Case No.41910 of 2022 filed by the Petitioner is allowed in full. 13. The Additional Tahasildar, Bhubaneswar (Opp. Party No.4) is directed to record the status and Kisam of the case land vide Khata No.2242/11, Plot No.1889 in Mouza-Patharagadia Acre 0.1750 as Sthitiban and Gharabari respectively in the name of the petitioner changing the same from Pattadar and Chhota Jungle within fifteen (15) days from the date of communication of this Judgment. Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2025 10:44:31 Page 5 of 6 14. The Registry is directed to communicate this order immediately to Additional Tahasildar, Bhubaneswar (Opposite Party No.4). 15. Accordingly, the writ petition is disposed of finally. Judge ( A.C. Behera ) Orissa High Court, Cuttack The 2nd of July, 2025/ Sarbani Dash, Jr. Steno Signature Not Verified Digitally Signed Signed by: SARBANI DASH Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Jul-2025 10:44:31 Page 6 of 6