Orissa High Court
Shanti Mahananda vs Sub-Collector on 23 July, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.3304 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Shanti Mahananda
... Petitioner.
-VERSUS-
Sub-Collector, Sadar, Sambalpur & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. A.P. Bose, Advocate
For the Opposite Parties : Mr. S. Palit, Sr. Advocate.
Mr. K.P. Das, Advocate
(Opp. Party No.3)
Mr. S. Nayak, Add. Standing Counsel.
(Opp. Party Nos.1 & 2)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 09.07.2025 :: Date of Judgment : 23.07.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Article 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for quashing the final order dated 21.09.2024
(Annexure-1) passed in Mutation Appeal No.115/2022 by the
Sub-Collector, Sadar, Sambalpur (Opp. Party No.1) and its
consequential order.
2. The case of the petitioner is that, she (petitioner) had
previously filed Mutation Case No.740 of 2019 before the
Tahasildar, Maneswar (Opp. Party No.2) for correction of the
R.o.R of case land to her name, but that Mutation Case
No.740 of 2019 was rejected by the Tahasildar, Maneswar
(Opp. Party No.2).
After rejection of that Mutation Case No.740 of 2019, the
petitioner again filed an another Mutation Case vide Mutation
Case No.1905 of 2022 before the said Tahasildar, Maneswar
(Opp. Party No.2), but that Mutation Case No.1905 of 2022
filed by the petitioner was allowed by the Tahasildar,
Maneswar (Opp. Party No.2), to which, the Opp. Party No.3 of
this writ petition (Prasanta Rajhans) challenged the same by
filing Mutaion Appeal No.115 of 2022 before the Sub-
Collector, Sadar, Sambalpur (Opp. Party No.1) and the said
Mutaion Appeal was allowed as per order dated 21.09.2024
(Annexure-1) and the order passed in Mutation Case No.1905
of 2022 was set aside and that matter vide Mutation Case
No.1905 of 2022 was remitted back to the Tahasildar,
Maneswar (Opp. Party No.2) for its fresh adjudication taking
into consideration the will dated 03.09.2016 executed by
Debakinanda Khandayat in favour of Prasanta Rajhans (Opp.
Party No.3) and to decide that Mutation Case No.1905 of 2022
on the basis of title.
3. On being aggrieved with the said order dated 21.09.2024
passed in Mutation Appeal No.115 of 2022 by the Sub-
Collector, Sadar, Sambalpur (Opp. Party No.1), the petitioner
challenged the same by filing this writ petition praying for
quashing that final order dated 21.09.2024 (Annexure-1)
passed in Mutation Appeal No.115 of 2022 and its
consequential order.
4. I have already heard from the learned counsel for the
petitioner, learned Senior Counsel for the Opp. Party No.3 and
the learned Addl. Standing Counsel for the State.
5. After hearing from all the learned counsels of the parties,
it is held that, though the final result of the impugned order
dated 21.09.2024 (Annexure-1) passed in Mutation Appeal
No.115 of 2022 by the Sub-Collector, Sadar, Sambalpur (Opp.
Party No.1) concerning the remand of Mutation Case No.1905
of 2022 to the Tahasildar, Maneswar (Opp. Party No.2) for its
fresh adjudication is not unsustainable under law, but the
particular observation in that impugned order vide Annexure-1
i.e. "to decide that Mutation Case No.1905 of 2022 on the
basis of the title is unsustainable under law."
Because, according to Para No.47 of the Odisha Mutation
Manual, the Tahasildar has to decide a mutation case on the
basis of prima facie title coupled with possession, but not on
the basis of title only.
6. So, the writ petition filed by the petitioner is to be
allowed in part without interfering with the final result of the
impugned order dated 21.09.2024 passed in Mutation Appeal
No.115 of 2022 by the Sub-Collector, Sadar, Sambalpur (Opp.
Party No.1), but only interfering with the particular
observation i.e. for deciding the Mutation Case only on the
basis of title, as the same is incorrect. Because, as per law, the
Mutation Case shall be decided on the basis of prima facie
title coupled with possession, but not on the basis of title
only.
7. In result, without interfering with the final finding/result
of the final order dated 21.09.2024 (Annexure-1) passed in
Mutation Appeal No.115 of 2022 by the Sub-Collector, Sadar,
Sambalpur (Opp. Party No.1) concerning the remand of
Mutation Case No.1905 of 2022 to the Tahasildar, Maneswar
for its disposal afresh, but only interfering with the
observation in that Annexure-1 for deciding that Mutation
Case No.1905 of 2022 only on the basis of title holding that
observation as not legal, this writ petition is allowed in part.
8. As such, this writ petition is disposed of finally.
(ANANDA CHANDRA BEHERA)
High Court of Orissa, Cuttack
Theof23Orissa, Cuttack,
.07. 2025// RatiIndia.
Ranjan Nayak
Date: 24-Jul-2025 Sr.
12:05:08
Stenographer
