Orissa High Court
*** vs Sita Behera & Others on 21 November, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.31111 of 2024
An application under Articles 226 & 227 of the Constitution of
India.
***
Mir Gunduru and others
... Petitioners
-VERSUS-
Sita Behera & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioners : Mr. H.K.Panigrahi, Advocate
For the Opposite Parties : Mr.P.K.Mohanty,Sr.Advocate
Along with
Mr.P.Mohanty(for O.P. Nos.2 to 4)
Mr.A.K.Mohanty (for the O.P. No.8 and
LRs of the O.P. No.7)
Mr. S.Nayak, ASC
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 21.11.2025 :: Date of Judgment : 21.11.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the Petitioners
praying for quashing the impugned orders dated 30.11.2022
(Annexure-1) Passed in Mutation Appeal No.13 of 2021 by
the Sub-Collector, Bhubaneswar (O.P. No.5) and order dated
30.05.2023 (Annexure-2) passed in Mutation Case No.44531
of 2022 by the Tahasildar, Bhubaneswar (O.P. No.6) on the
ground that, the impugned orders under Annexures-1 and 2
are nullity, because, the same have been passed against a
dead man i.e. against Mir Sarif in Mutation Appeal as well as
Mutation Case.
Because, Mir Sarif in Mutation Appeal No.13 of 2021
expired on dated 31.05.2010, but, the impugned orders
under Annexures-1 and 2 were passed in Mutation Appeal
No.13 of 2021 by the Sub-Collector, Bhubaneswar (O.P. No.5)
and thereafter in Mutation Case No.44531 of 2022 by the
Tahasildar, Bhubaneswar (O.P. No.6) after the death of Mir
Sarif against him (Mir Sarif).
For which, the impugned final orders dated 30.11.2022
(Annexure-1) Passed in Mutation Appeal No.13 of 2021 by the
Sub-Collector, Bhubaneswar (O.P. No.5) and order dated
30.05.2023 (Annexure-2) passed in Mutation Case No.44531
of 2022 by the Tahasildar, Bhubaneswar (O.P. No.6) are
nullity, because, the same have been passed against the dead
man.
2. Heard from the learned counsel for the Petitioners, the
learned Senior Counsel for the O.P. Nos.2 to 4, the learned
counsel for the O.P. No.8 and LRs of the O.P. No.7 and the
learned Additional Standing Counsel for the State.
3. None of the counsels of any of the Parties disputed to the
date of death of Mir Sarif in Mutation Appeal No.13 of 2021
and Mutation Case No.44531 of 2022, which is prior to the
passing of the orders in the Mutation Appeal No.13 of 2021
and Mutation Case No.44531 of 2022.
4. It appears from the Annexure-3 series i.e. from the death
certificate that, Mir Sarif had expired on dated 31.05.2010.
5. It is the settled proposition of law that, any judgment or
order passed either in favour of or against a dead man is a
nullity and the same is to be treated as non-est in the eye of
law.
On this aspect, the propositions of law has already been
clarified in the ratio of the following decisions:-
(i) In a case between Raniya Bai Vrs.
Tekmani Rathore and others reported in 2023
Live Law (M.P) 64 that,
Any decree passed in favour of or against a deed
person is a nullity.
(II) In a case between Gurnam Singh (dead)
through LRs and others Vrs. Gurbachan Kaur
(dead) by LRs reported in (2017) 3 SCC 414
that,
Any decision in favour of and/or against dead
person renders such decision nullity. Such
decision being nullity can be challenged at any
time whenever they are sought to be enforced.
6. Here in this matter at hand, when, the impugned orders
dated 30.11.2022 (Annexure-1) passed in Mutation Appeal
No.13 of 2021 by the Sub-Collector, Bhubaneswar (O.P. No.5)
and order dated 30.05.2023 (Annexure-2) passed in Mutation
Case No.44531 of 2022 by the Tahasildar, Bhubaneswar (O.P.
No.6) have been passed against the dead Mir Sarif, then, at
this juncture, in view of the principles of law enunciated in
the ratio of the decisions referred to supra, the impugned
orders dated 30.11.2022 (Annexure-1) Passed in Mutation
Appeal No.13 of 2021 by the Sub-Collector, Bhubaneswar
(O.P. No.5) and order dated 30.05.2023 (Annexure-2) passed
in Mutation Case No.44531 of 2022 by the Tahasildar,
Bhubaneswar (O.P. No.6) cannot be sustainable under law.
For which, The same are liable to quashed.
Therefore, there is merit in this writ petition filed by the
petitioners. The same is to be allowed.
7. In result, the writ petition filed by the petitioners is
allowed.
8. The impugned orders dated 30.11.2022 (Annexure-1)
Passed in Mutation Appeal No.13 of 2021 by the Sub-
Collector, Bhubaneswar (O.P. No.5) and order dated
30.05.2023 (Annexure-2) passed in Mutation Case No.44531
of 2022 by the Tahasildar, Bhubaneswar (O.P. No.6) are
quashed.
The matter vide Mutation Appeal No.13 of 2021 is
remitted back to the Sub-Collector, Bhubaneswar (Opp. Party
No.5) for deciding the same afresh as per law after
substituting the LRs of the deceased Mir Sarif as expeditiously
as possible within a period of two months from the date of
impleadment of the LRs of the deceased Mir Sarif providing all
the Parties an opportunity of being heard in full compliances
of the principles of natural justice.
9. As such, this writ petition filed by the petitioners is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 21.11. 2025// Binayak Sahoo
Jr. Stenographer
Location: High Court of Orissa, Cuttack
