Orissa High Court
Arata Behera vs State Of Odisha & Others on 17 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.21005 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Arata Behera
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Pabitra Kumar Behera, Advocate
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
(Opp. Party Nos.1 to 3)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 21.08.2025 :: Date of Judgment :17.09.2025
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 30.05.2025 passed
in Mutation Case No.2197 of 2025 by the Tahasildar,
Odagaon (Opp. Party No.3).
2. Heard from the learned counsel for the petitioner and the
learned Addl. Standing Counsel for the State-Opp. Parties.
3. The factual backgrounds of this writ petition which
prompted the petitioner for filing of the same is that, the
petitioner had filed a Mutation Case vide Mutation Case
No.2197 of 2025 before the Tahasildar, Odagaon (Opp. Party
No.3) praying for Mutation of the properties to his name
covered under a unregistered Will, but as per order dated
30.05.2025, the Tahasildar, Odagaon (Opp. Party No.3)
dropped that Mutation Case of the petitioner on the ground of
absence of the petitioner on that day.
4. On being aggrieved with the said impugned order dated
30.05.2025 passed by the Tahasildar, Odagaon, he (petitioner)
filed this writ petition praying for quashing the same.
5. It appears from the impugned order dated 30.05.2025
(Annexure-1) that, the previous date of Mutation Case
No.2197/2025 was on 15.05.2025. In the order dated
15.05.2025, there is no indication/reflection about the fixing
of the Mutation Case No.2197/2025 to 30.05.2025.
So, due to non-fixing of the Mutation Case No.2197 of
2025 from 15.05.2025 to 30.05.2025 by the Opp. Party No.3,
there was no scope or opportunity with the petitioner to know
that, his mutation case shall be taken up by the Opp. Party
No.3 on 30.05.2025. For which, the absence of the petitioner
on 30.05.2025 before the Opp. Party No.3 was obvious and
natural.
So, due to non-fixing of the Mutation Case No.2197 of
2025 by the Opp. Party No.3 from 15.05.2025 to 30.05.2025,
there was no scope or opportunity with the petitioner to know
that, his mutation case shall be taken up by the Opp. Party
No.3 on 30.05.2025. For which, it is held that, the impugned
order in Mutation Case No.2197/2025 has been passed by the
Opp. Party No.3 violating the principles of natural justice.
On this aspect, the propositions of law has already been
clarified in the ratio of the following decisions:
I. In a case between High Court Bar Association, Allahabad
Vrs. State of U.P. & Others reported in 2025 (1) Civ.L.J.
(SC) 40 (Para No.16) that, any order passed without
complying the principles of natural justice is to be treated as
illegal.
II. In a case between Shivaji vrs. Parwatibai and others reported
in 2025(2) Civil Law Judgment(S.C.)-528 that, when a case is
disposed of against any party without giving him/her an
opportunity of hearing, such disposal deserves to be deprecated
in view of 2023 SCC online S.C.-1210 between Suresh
Lataruji Ramteke vrs. Sau.Sumanbai Pandurang Petkar and
others, for which, matter is required to be remitted back for its
decision afresh.
6. Therefore, there is justification under law for making
interference with the impugned order passed on dated
30.05.2025 in Mutation Case No.2197 of 2025 by the
Tahasildar, Odagaon (Opp. Party No.3) through this writ
petition filed by the petitioner.
7. As such there is merit in the writ petition filed by the
petitioner. The same must succeed.
8. In result, the writ petition filed by the petitioner is
allowed on contest.
The impugned order dated 30.05.2025 (Annexure-1)
passed in Mutation Case No.2197 of 2025 by the Tahasildar,
Odagaon (Opp. Party No.3) is quashed.
The matter vide Mutation Case No.2197 of 2025 is
remitted back to the Tahasildar, Odagaon (Opp. Party No.3) to
decide the same afresh after giving opportunity of being heard
to the petitioner and others, if any following the guidelines
already formulated by this Court earlier in a Judgment
between Prasanta Biswanath @ Prasanta Kumar
Biswanath Vrs. The State of Odisha represented through
its Collector, Rayagada and Another in WP(C) No.51 of
2025 (decided on 31.01.2025) within a period of two months
from the date of filing of the certified copy of this Judgment by
the petitioner before the Opp. Party No.3.
9. The petitioner is directed to appear before the
Tahasildar, Odagaon (Opp. Party No.3) in Mutation Case
No.2197 of 2025 on dated 25.09.2025 and to file the certified
copy of this Judgment for the purpose of receiving the
directions of the Tahasildar, Odagaon (Opp. Party No.3) as to
further proceeding of the Mutation Case No.2197 of 2025.
10. As such, the writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 17 .09. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
