Ajay Kumar Bhanja vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 7060 Ori

Orissa High Court

Ajay Kumar Bhanja vs ) State Of Odisha ..... Opposite Parties on 15 April, 2025

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  WP(C) No.9863 of 2025
Ajay Kumar Bhanja             .....      Petitioner
                                                        Represented By Adv. -
                                                        Lalitendu Mishra

                                                        Mr. S.N. Rath

                                     -versus-
1) State Of Odisha                              .....        Opposite Parties
2) The Collector, Dhenkanal                              Represented By Adv. -
3) Addl Dist.magistrate, Dhenkanal
4) Tahasildar, Odapada                                   Mr. T. Kumar, ASC
5) Revenue Inspector, Gadasila

                      CORAM:
     THE HON'BLE MR. JUSTICE ANANDA CHANDRA
                      BEHERA

                                 ORDER

15.04.2025 Order No.

1. 1. This matter is taken up through hybrid mode.

2. Heard from the learned counsel for the petitioner and

the learned ASC for the State.

3. Upon hearing from the learned counsels of both the

sides, it is felt proper to dispose of the writ petition finally at this

stage after setting aside the impugned order dated 03.01.2025 passed

in Mutation Case No.1307 of 2024 (Annexure-6) by the Tahasildar,

Odapada under Section 8-A of the OLR Act, 1960 as the impugned

order is not a speaking order as well as reasoned order, because, the

impugned order has been passed by the Tahasildar, Odapada only

assigning the reason that, as the case land has come from

Government Khata on the basis of lease and the same is in lease

status, for which, the case for conversion filed by the petitioner is

rejected without taking into account the conversion of different plots

under same Khata in favour of the different persons even though, the

same were the leasehold lands and taking into account the above

discriminations in the impugned order of the Tahasildar, Odapada, I

find no justification to validate the same, for which, the impugned

order passed by the Tahasildar, Odapada in Mutation Case No.1307

of 2024 dated 03.01.2025 is set aside.

The matter vide Mutation Case No.1307 of 2024 is

remitted back to the Tahasildar, Odapada to decide the same afresh

as per law taking into account the direction given by the A.D.M.

Dhenkanal in OLR Appeal No.9 of 2024 dated 09.07.2024 along

with the Judgment passed in Civil Suit No.56 of 2005 filed by the

vendor of the petitioner against the State including the petitioner of

this writ petition (Annexure-7) and to dispose of the said Mutation

Case i.e. Mutation Case No.1307 of 2024 within a period of 3 (three)

months positively from the date of communication of this Order.

4. Accordingly, the writ petition is disposed of finally.

5. Registry is directed to communicate this Order to the

Tahasildar, Odapada immediately.

6. Urgent certified copy of this Order be granted to the

petitioner on proper application.

( ANANDA CHANDRA BEHERA) Judge

Rati Ranjan

Location: High Court of Orissa, Cuttack, India.