Orissa High Court
Mohammad @ Md Jamil vs State Of Odisha And Others .... Opposite ... on 6 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8575 of 2025
Mohammad @ MD Jamil .... Petitioner
Mr. Maheswar Mohanty, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Bibekananda Nayak,
Additional Government Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
06.05.2025
Order No.
03. This matter is taken up through hybrid mode.
2. Heard Mr. Mohanty, learned Counsel for the
Petitioner so also Mr. Nayak, learned AGA for the State,
who accepts notice on behalf of Opposite Party Nos.1 to 3
and admits to have received copy of the writ petition.
3. The case of the Petitioner in nutshell is that the
Petitioner and proforma Opposite Party Nos.4 and 5 are
sons and daughter of Late Tara Munda of Village-
Bhutapada, in the district of Sambalpur. After the death of
their mother so also father namely, late Mohammad Tahid,
the present Petitioner filed Mutation Case No.291 of 2023
before the Tahasildar, Sambalpur for correction of RoR,
which recorded in the name of their deceased mother, in
the name of the Petitioner and proforma Opposite Party
Nos.4 and 5. However, the Tahasildar, Sambalpur
(Opposite Party No.3) rejected the Mutation Case No.291 of
2023 on the ground that permission is required under
Section 22 of the O.L.R. Act, 1960 from the concerned
authority, advising the applicant to apply for mutation after
acquiring permission under Section 22 of the O.L.R. Act,
1960 from the concerned authority.
4. Learned Counsel for the Petitioner, relying on the
judgment of this Court reported in 1994(II) OLR 322 (Atual
Chandra Adhikari and anothers Vs. State of Orissa
and others) so also judgment of the Supreme Court
reported in AIR 1973 SC 1406 (Nirmal Enem Horo Vs.
Jahan Ara Jaipal Singh) submits, in view of the report
along with genealogical chart submitted by the Revenue
Inspector, Sadar-V, Sambalpur and admitted fact that the
present Petitioner so also proforma Opposite Party Nos.4
and 5 are the sons and daughter of late Tara Munda, they
have a right to inherit the property of their deceased
mother and no permission is required under Section 22 of
the O.L.R Act, 1960, for correction of RoR, as has been
wrongly observed by the Tahasildar, Sambalpur.
5. Learned Counsel for the State opposes to such prayer
on the ground that the said order is appealable and the
Petitioner and the proforma Opposite Party Nos.4 and 5
should have also produced the legal heir certificate before
the Tahasildar, Sambalpur along with the application for
correction of RoR in their favour.
6. Taking into consideration the submissions made by
learned Counsel for the parties so also judgment in Atual
Chandra Adhikari(supra), this Court is of the view that
the Tahasildar, Sambalpur was not justified to reject the
correction of RoR in favour of the Petitioner and the
proforma Opposite Party Nos.4 and 5, who claim
themselves to be L.Rs. of deceased Tara Munda on the
ground that permission is required under Section 22 of the
O.L.R. Act, 1960 from the concerned authority. However,
this Court feels that it would be appropriate to direct the
Petitioner, who is applicant in Mutation Case No.291 of
2023, to produce the legal heir certificate before the
Tahasildar, Sambalpur in addition to the report submitted
by the Revenue Inspector, Sadar-V, Sambalpur to justify
such prayer for correction of RoR.
7. Accordingly, the impugned order dated 04.03.2023
passed in Mutation Case No.291 of 2023 is set aside. The
matter is remitted back to the Tahasildar, Sambalpur
(Opposite Party No.3) to deal with Mutation Case No.291 of
2023 and proceed further in accordance with the
guidelines for mutation prescribed vide Circular No. RDM-
CHS-POLICY-0042-2019-10186/R&DM dated 24.03.2021
of the Government of Odisha, Revenue and Disaster
Management Department, subject to the Petitioner
producing the legal heir certificate issued by the competent
authority in favour of the Petitioner and others, who claim
themselves to be the legal heirs of late Tara Munda.
8. With the said observation and direction, the writ
petition stands disposed of.
9. Urgent certified copy of this order be granted as per
rules.
(S. K. MISHRA)
Kanhu JUDGE
Location: High Court of Orissa, Cuttack.
Date: 08-May-2025 14:01:53
