Orissa High Court
Constitution Of India) vs State Of Odisha And Others .... Opposite ... on 2 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21874 of 2023
(In the matter of an application under Article 226 and 227 of the
Constitution of India)
Dasaratha Barik .... Petitioner
-versus-
State of Odisha and Others .... Opposite Parties
Appeared in this case:-
For Petitioner : Mr. Nirod Kumar Sahoo, Advocate
For Opposite Parties : 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.41907 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.
Location: HIGH COURT OF ORISSA, CUTTACK
3. The case of the petitioner that, he filed Mutation Case
No.41907 of 2022 on the basis of the final order dated 13.09.2021 passed
in OSS Case No.217 of 2020 by the 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.217 of 2020, 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.41907 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.41907 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
Location: HIGH COURT OF ORISSA, CUTTACK
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. 41907 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.
Location: HIGH COURT OF ORISSA, CUTTACK
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.41907 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.217 of 2020 by the Additional Tahasildar, Bhubaneswar
(Opp. Party No.4) in disposing of the Mutation Case No.41907 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.41907 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.
Location: HIGH COURT OF ORISSA, CUTTACK
10. When the views of the Opp. Party No.4 in the impugned
order dated 03.02.2023 (Annexure-23) in Mutation Case No. 41907 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. 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.41907 of 2022 by the Addl. Tahasildar, Bhubaneswar
(Opp. Party No.4) is quashed (set aside). The Mutation Case No.41907 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.2242/10, Plot No.1896/8836 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.
Location: HIGH COURT OF ORISSA, CUTTACK
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.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
The 2nd of July, 2025/ Sarbani Dash, Jr. Steno
Location: HIGH COURT OF ORISSA, CUTTACK
