Manoj Kumar Agrawal @ Manoj vs State Of Odisha
2025 Latest Caselaw 7235 Ori

Orissa High Court

Manoj Kumar Agrawal @ Manoj vs State Of Odisha on 17 April, 2025

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                         W.P.(C) No.9653 of 2025

                    (In the matter of an application under Article 226 and 227 of the
                  Constitution of India)

                   Manoj Kumar Agrawal @ Manoj ....                            Petitioner
                   Agrawal

                                                   -versus-
                   State of Odisha, represented through ....             Opposite Parties
                   its Principal Secretary, Revenue And
                   Disaster Management, Bhubaneswar
                   and another


                  Appeared in this case:-
                        For Petitioner         :       Mr. A. P. Bose, Advocate assisted
                                                             by Ms. D. Sahoo, Advocate

                   For Opposite Parties        :                      Mr. G. Mohanty,
                                                              Learned Standing Counsel


                   CORAM:
                   JUSTICE A.C. BEHERA

                                           JUDGMENT

Date of hearing : 09.04.2025 / date of judgment : 17.04.2025

A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of

India, 1950 has been filed by the petitioner praying for setting aside an

order dated 10.12.2024 (Annexure-1) passed in a Mutation Case No.382

of 2024 by the Tahasildar, Naktideuli(Opposite Party No.2).

2. The factual backgrounds of this writ petition, which prompted the

petitioner for filing of the same is that, one Satya Narayan Agrawal,

recorded owner of the properties in Mouza-Gopalpur under Khata No.6

of Amar Jasprit Dungdung Tahasil in the district of Sambalpur

bequeathed his properties under the aforesaid Khata No.6 in favour of his

son, i.e., the petitioner of this writ petition executing and registering a

Will dated 11.05.2017.

When the said Testator Satya Narayan Agrawal died on

23.05.2020, then, the petitioner possessed the aforesaid bequeathed

properties and filed a mutation case vide Mutation Case No.383 of 2023

before the Tahasildar, Naktideuli(Opposite Party No.2) for the mutation

of the properties covered under the Will to his name on the basis of that

registered Will dated 11.05.2017.

As per the order dated 10.12.2024(Annexure-1), the Tahasildar,

Naktideuli(Opposite Party No.2) rejected that Mutation Case No.382 of

2024 filed by the petitioner assigning reasons that,

"As the applicant did not submit the probate order of court regarding the willnama. As per the instruction of the Government communicated by the Revenue Department Letter No.RDM-CHS-CLRFIC-0004-2018, Dated 07.05.2018 cited that, "In case of a Will which is not probated, the mutation shall be rejected." Hence, the case

may by rejected. If the applicant is not satisfied then, he may appeal in relevant quarters."

So, the petitioner challenged that (Annexure-1) passed by the

Tahasildar, Naktideuli(Opposite Party No.2) by filing this writ petition

on the ground that,

"When the properties covered under the Will dated 11.05.2017 executed in favour of the petitioner are situated in the district of Sambalpur and the said Will has also been executed in the District of Sambalpur, which is outside the areas specified in the Clauses of Section 57 of the Indian Succession Act, 1925 and when Sambalpur District was under the ex-princely State, then, the question of probation of that Will dated 11.05.2017 does not arise. For which, The Tahasildar, Naktideuli(Opposite Party No.2) should not have rejected the said mutation case as per Annexure-1".

3. I have already heard from the learned counsel for the petitioner

and learned Additional Government Advocate for the State(Opposite

Parties).

4. It is the settled propositions of law that, when a Will in question is

executed in the Districts, which were coming under the ex-princely State

like Mayurbhanj, Bolangir, Koraput, Dhenkanal, Ganjam, Sundargarh,

Sambalpur, Angul, Keonjhar, Kalahandi, Subarnapur, Rayagada,

Jharsuguda, Malkanagiri and others, no probate of Will is necessary. In

the said Districts, Revenue Authorities and Tahasildars can proceed with

the mutation cases on the basis of un-probated Wills.

5. On this aspect, it has already been clarified by the Hon'ble Courts

in the ratio of the decisions reported in

(I) 1972(2) C.W.R.-1451, Amrutlal Majhi and others vrs.

Japi Sahuani and others. (II) AIR 1973 Orissa-112, Balaram Tripathy and another vrs. Lokanath Tripathy. (III) 48(1979) CLT-211 (Para-8), Mst. Radha Hota vrs. Dutika Satpathy and another, (IV) 2008(I) OLR- 729, Sailabala Satpathy vrs, Parbati Satpathy and others. (V) 2009(II) CLR-155, Aparna Sahu and others vrs. Raghunath Biswal and others. (VI) 2012(II) OLR-394, Kunjabihari Sahu vrs. State of Orissa and others. (VII) 2015(II) CLR-1075 & 2015(II) OLR-1025, Ritesh Kumar Patel @ Ritesh Patel vrs. Kishore Chandra Patel and others. (VIII) W.P.(C) No.24927 of 2021, Subrat Purohit vrs. State of Orissa and others. (IX) W.P.(C) No.33187 of 2021, Ratnamala Mishra vrs. State of Orissa and others. (X) W.P.(C) No.5216 of 2023, Fatik Bala and others vrs. State of Odisha and others. (XI) 2023(I) CLR-621, Amrita Pandey vrs. State of Orissa and another that,

"If the Wills are executed in a place either outside the areas specified in the clauses of Section 57 of the Indian Succession Act, 1925 or in respect of the immovable properties situated beyond the territories specified in clauses of Section 57 of the Indian Succession Act, 1925, those areas/territories were under the ex-princely State called as Gadajat Wills, probate of such Wills are not required under law. The Revenue Authorities in the said areas can proceed with the mutation cases on the basis of un-probated Wills."

6. Government of Orissa has issued a Letter vide letter No.23734

dated 13.08.2019 to the Collector, Mayurbhanj (which district was also

coming under the ex-princely State) on the basis of the decision of this

Hon'ble Courts in a case between Ritesh Kumar Patel @ Ritesh Patel

vrs. Kishore Chandra Patel and others : reported in 2015(II) OLR-

1025, modifying the previous Letter No.16449 dated 07.05.2018 that,

"probate of a Will is not required in the District of Mayurbhanj and the Revenue Authorities can proceed with the mutation case, if the same is filed for mutation on the basis of un-probated Will. Because, initiation of probate proceeding for probation of a Will is not necessary in the district of Mayurbhanj. For which, the restriction for mutation of the properties on the basis of the un- probated Will in the district of Mayurbhanj as directed earlier in Para No.6 of Letter No.16449 dated 07.05.2018 of the Government stands modified."

7. In view of the ratio of the aforesaid decisions of the Hon'ble

Courts as well as Letter No.23734 dated 13.08.2019 of Government of

Odisha, "no probate is necessary in respect of "Gadajat Wills" and the

revenue courts including Tahasildars in such areas of the Districts in the

State shall entertain mutation cases on the basis of un-probated Wills.

8. As per law, it is beyond the jurisdiction of the revenue authorities

to decide the disputed matters concerning the Wills, if dispute arises

before the revenue authorities either in respect of the genuineness of the

Will in question or in respect of the properties covered under the Will.

9. On this aspect, the propositions of law has already been clarified

by the Hon'ble Courts and Apex Court in the ratio of the following

decisions:-

(i) In a case between Pradeep Kumar Singh and another vrs. State of Uttar Pradesh Through Secy. Revenue Lko. and others : reported in 2022(4) Civil Court Cases-455(Allahabad) that, in a mutation case, where Will is still subject to scrutiny of appropriate civil Court, then finding of civil Court will be binding on mutation court. (Para-15)

(ii) In a case between Noor Ahmad @ Chand vrs. Board of Revenue and others : reported in 2022(1) Civil Court Cases-391(Allahabad)--Legality of Will, cannot be tested in mutation proceedings and could have been tested only in a regular proceedings.(Para-6)

(iii) In a case between Ashok Kumar Pati and another vrs. State of Orissa and others : reported in 2021(I) OLR-655--Contentious issue of title claim based on a Will cannot be decided by a Revisional Authority under Section 15(b) of OSS Act, 1958--Amount to exercise of excess jurisdiction--Issue of title can only be decided by a Civil Court.

(iv) In a case between Jitendra Singh vrs. State of Madhya Pradesh and others : reported in 2021(4) Civil Court Cases(S.C.)-29--Mutation--When an application for mutation is filed on the basis of Will, if dispute is with respect to title and more particularly, when mutation is sought on the basis of Will, such party has to get his rights crystalized by Civil Court and only thereafter on the basis of decision of Civil Court, necessary mutation entry can be made.(Para-5)

10. It is the clarified propositions of law according to the principles of

law enunciated in the ratio of the above decisions of the Hon'ble Courts

and Apex Court as well as Letter No.23734 dated 13.08.2019 of the

Government of Orissa that, "Mutation cases in the areas inside the State

of Odisha, those were coming under the ex-princely State, on the basis of

un-probated Wills are entertainable by the Revenue Authorities and

Tahasildars, but, if after initiation of mutation proceedings on the basis of

un-probated Wills, any dispute either in respect to the genuineness of

such un-probated Wills in question or any dispute concerning the

properties covered under the said Wills is raised, then, the Revenue

Authorities and Tahasildars have no other option, but, to drop the

mutation proceeding directing the parties to crystalize their rights by the

Civil Court and only thereafter on the basis of the decision of the Civil

Court, necessary mutation entry can be made. Because, in a mutation

proceeding, Revenue Authorities and Tahasildars have no jurisdiction to

decide any contentious issue based on a Will.

11. As per the discussions and observations made above, when, it is

held that, there is no requirement under law for probation of the Will

executed in favour of the wit petitioner (applicant in Mutation Case

No.382 of 2024), because, the said Will dated 11.05.2017 has been

executed in the District of Sambalpur, which was under the ex-princely

State, then at this juncture, order dated 10.12.2024(Annexure-1) passed

by the Tahasildar, Naktideuli(Opposite Party no.2) rejecting the Mutation

Case No.382 of 2024 on the ground of non-probation of that Will cannot

be sustainable under law.

For which, order dated 10.12.2024 (Annexure-1) passed by the

Opposite Party No.2 (Tahasildar, Naktideuli) in Mutation Case No.382 of

2024 is to be quashed.

Therefore, the writ petition filed by the petitioner is allowed. The

order dated 10.12.2024 (Annexure-1) passed in Mutation Case No.382 of

2024 by the Opposite Party No.2(Tahasildar, Naktideuli) is quashed.

12. The Tahasildar, Naktideuli(Opposite Party No.2) is directed to

consider the mutation case vide Mutation Case No.382 of 2024 of the

petitioner afresh and to proceed with the same as per law following the

formulated guidelines of this Court in the judgment between Prasanta

Biswanath @ Prasanta Kumar Biswanath vrs. The State of Odisha,

represented through its Collector, Rayagada and another in W.P.(C)

No.51 of 2025 decided on dated 31.01.2025 within a period of three

months from the date of filing of the certified copy of this judgment by

the petitioner.

13. So, with the aforesaid findings, observations, clarifications and

guidelines, this writ petition filed by the petitioner is disposed of finally.

Digitally Signed                                                           ( A.C. Behera )

Designation: Personal Assistant
Reason: Authentication
                                                                               Judge

Location: OHC, CUTTACKOrissa High Court, Cuttack Date: 17-Apr-2025 15:48:43 th The 17 of April, 2025/ Jagabandhu, P.A.