Orissa High Court
(An Application Under Articles 226 And ... vs State Of Odisha And Others .... Opposite ... on 17 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33105 of 2023
(An application under Articles 226 and 227 of the Constitution of India, 1950)
Upendra Muduli and another .... Petitioners
-versus-
State of Odisha and Others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioners - Mr. Ramakanta Mohanty,
Sr.Advocate.
being assisted by
S. K. Patnaik,
Advocate.
For Opposite Parties - Mr.Ajodhya Ranjan Dash
Advocate.
Mr. S. Kar,
Advocate.
Mr. Gyanaloka Mohanty,
Standing Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :17.11.2025
A.C. Behera, J. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioners challenging
the impugned order dated 12.01.2023 (Annexure-17) passed in Mutation
Appeal Case No.128 of 2020 by the Sub-Collector, Bhubaneswar (O.P.
No.4).
The Mutation Appeal Case No.128 of 2020 was filed against the
rent fixation order passed in Revenue Misc. Case No.25 of 2018 by the
Addl. Tahasildar, Bhubaneswar.
2. Heard from the learned senior counsel for the petitioners, learned
counsel for the O.P. No.7 and learned SC for the State.
3. During the course of hearing of this writ petition, learned counsels
of both the sides fairly submitted that, against the order passed in
Revenue Misc. Case No.25 of 2018 by the Addl. Tahasildar,
Bhubaneswar, an appeal was preferred by the O.P. No.7 of this writ
petition before the Addl. District Magistrate, Khurda (O.P. No.3) vide
Revenue Appeal No.1 of 2020 and the said Revenue Appeal No.1 of 2020
is sub-judice/pending before the Addl. District Magistrate, Khurda (O.P.
No.3) for adjudication. The parties in this writ petition are the parties in
Revenue Appeal No.1 of 2020.
4. During the pendency of the said Revenue Appeal No.1 of 2020
before the Addl. District Magistrate, Khurda (O.P. No.3) filed by the O.P.
No.7 of this writ petition, the O.P. No.7 again filed a mutation appeal
vide Mutation Appeal Case No.128 of 2020 before the Sub-Collector,
Bhubaneswar (O.P. No.4) challenging the very same rent fixation order
passed in Revenue Misc. Case No.25 of 2018 by the Addl. Tahasildar,
Bhubaneswar even during the pendency of Mutation Appeal Case No.128
of 2020 against the order passed in Revenue Misc. Case No.25 of 2018,
but that mutation appeal was allowed by the Sub-Collector, Bhubaneswar
(O.P. No.4) on dated 12.01.2023.
5. When, the rent fixation order passed by the Addl. Tahasildar,
Bhubaneswar in Revenue Misc. Case No.25 of 2018 was under challenge
before the Addl. District Magistrate, Khurda in Revenue Appeal No.1 of
2020 and when, the parties in this writ petition are the parties in Revenue
Appeal No.1 of 2020 and when, that Revenue Appeal No.1 of 2020 is
sub-judice till yet before the Addl. District Magistrate, Khurda, then at
this juncture, during the pendency of such appeal vide Revenue Appeal
No.1 of 2020 before the Addl. District Magistrate, Khurda, the Sub-
Collector, Bhubaneswar should not have set aside the rent fixation order
passed in Revenue Misc. Case No.25 of 2018 by the Addl. Tahasildar,
Bhubaneswar due to the pendency of Revenue Appeal No.1 of 2020
before its higher forum i.e. before the ADM, Khurda against the self-
same order.
For which, the impugned order 12.01.2023 (Annexure-17) passed
in Mutation Appeal Case No.128 of 2020 by the Sub-Collector,
Bhubaneswar (O.P. No.4) cannot be sustainable under law.
6. Therefore, there is justification under law for making interference
with the same through this writ petition filed by the petitioners.
As such, there is merit in the writ petition filed by the petitioners.
The same is to be allowed.
7. In result, the writ petition filed by the petitioners is allowed.
The impugned 12.01.2023 (Annexure-17) passed in Mutation
Appeal Case No.128 of 2020 by the Sub-Collector, Bhubaneswar (O.P.
No.4) is quashed (set aside).
The parties in this writ petition are directed to appear before the
Addl. District Magistrate, Khurda (O.P. No.3) on dated 26.11.2025 in the
pending Revenue Appeal No.1 of 2020 between them for its final
disposal as per law as early as possible and to produce the certified copy
of this judgment for the purpose of receiving the directions of O.P. No.3
as to further proceedings of the said Revenue Appeal No.1 of 2020.
8. As such, this writ petition filed by the petitioners is disposed of
finally making it clear that, the Appellate Authority i.e. ADM, Khurda
(O.P. No.3) shall never be influenced in any manner at the time of
disposing of Revenue Appeal No.1 of 2020 by any of the observations
made by this Court in this judgment as well as by the order passed by the
Appellate Authority in Mutation Appeal Case No.128 of 2020.
9. Till the final disposal of the Revenue Appeal No.1 of 2020 by the
Addl. District Magistrate, Khurda (O.P. No.3), both the parties are
directed to keep the revenue records as well as physical possession of the
case land as it is in status quo without changing the nature and character
Signature Not
Verified of the same and without creating any third party interest thereon.
Digitally Signed
Signed by: UTKALIKA
NAYAK (A.C. Behera),
Reason: Authentication
Location: High Court of Judge.
Orissa, Cuttack Orissa High Court, Cuttack.
17.11.2025//Utkalika Nayak//
Date: 18-Nov-2025 Junior Stenographer
14:29:03
