Orissa High Court
Ashok Kumar Rout vs State Of Odisha & Others on 18 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.23509 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Ashok Kumar Rout
... Petitioner.
-VERSUS- State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Sudhansu Sekhar Jena, Advocate
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
(State Opp. Parties)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 18.09.2025 :: Date of Judgment :18.09.2025
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 05.02.2024 passed
in Mutation Case No.19045 of 2023 by the Addl. Tahasildar,
Bhubaneswar (Opp. Party No.3) on the ground that, the said
Mutation Case of the petitioner has been rejected on dated
05.02.2024 (Annexure-1) without giving any opportunity of
being heard to him (petitioner).
2. Heard from the learned counsel for the petitioner and the
learned Addl. Standing Counsel for the State-Opp. Parties.
3. In order to have a clarity, the impugned order passed by
the Addl. Tahasildar, Bhubaneswar (Opp. Party No.3) on dated
05.02.2024 (Annexure-1) in Mutation Case No.19045 of 2023
is depicted hereunder:
05/02/2024
"Applied land schedule is a lease hold property as reported
by RI. Hence, any change in the land schedule is out of the
purview of Tahasildar. The case is rejected."
Dibyashree Mallick
Addl. Tahasildar, Bhubaneswar."
4. The above impugned order vide Annexure-1 passed by
the Addl. Tahasildar, Bhubaneswar (Opp. Party No.3) does not
reveal about giving any opportunity of hearing to the
petitioner in disposing of his Mutation Case No.19045 of 2023
through the impugned order dated 05.02.2024 (Annexure-1).
5. It appears from the order sheets of Mutation Case
No.19045 of 2023 filed by the petitioner that, as per order
dated 12/07/2023, the Mutation Case No.19045 of 2023 was
posted to 14.07.2023. There is no material in the order sheets
about the taking up of the Mutation Case No.19045 of 2023
on dated 14.07.2023. Then, without putting the Mutation
Case No.1904 5 of 2023 on the date fixed i.e. on 14.07.2023,
the same was put up on 07.08.2023, wherein its next date
was not indicated.
Thereafter, surprisingly, impugned order (Annexure-1)
was passed in the Mutation Case of the petitioner on dated
05.02.2024 rejecting the Mutation Case.
6. So, the above order sheets do not reveal about giving any
intimation to the petitioner i.e. his Mutation Case No.19045 of
2023 shall be taken up on 05.02.2024. Because, there is no
reflection in the order sheets of Mutation Case No.19045 of
2023 about the fixing of the same to 05.02.2024.
Due to non-fixing of the Mutation Case No.19045 of 2023
from 07.08.2023 to 05.02.2024 by the Opp. Party No.3, there
was no scope or opportunity for the petitioner to know that,
his mutation case shall be taken up by the Opp. Party No.3 on
05.02.2024. For which, the absence of the petitioner on
05.02.2024 before the Opp. Party No.3 was obvious and
natural.
7. As such, the impugned order in Mutation Case No.19045
of 2023 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.
8. Therefore, there is justification under law for making
interference with the impugned order passed on dated
05.02.2024 (Annexure-1) in Mutation Case No.19045 of 2023
by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.3)
through this writ petition filed by the petitioner.
9. As such there is merit in the writ petition filed by the
petitioner. The same must succeed.
10. In result, the writ petition filed by the petitioner is
allowed on contest.
The impugned order dated 05.02.2024 (Annexure-1)
passed in Mutation Case No.19045 of 2023 by the Addl.
Tahasildar, Bhubaneswar (Opp. Party No.3) is quashed.
The matter vide Mutation Case No.19045 of 2023 is
remitted back to the Addl. Tahasildar, Bhubaneswar (Opp.
Party No.3) to decide the same afresh after giving opportunity
of being heard to the petitioner and others, if any 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.
11. The petitioner is directed to appear before the Addl.
Tahasildar, Bhubaneswar (Opp. Party No.3) in Mutation Case
No.19045 of 2023 on dated 09.10.2025 and to file the certified
copy of this Judgment for the purpose of receiving the
directions of the Addl. Tahasildar, Bhubaneswar (Opp. Party
No.3) as to further proceeding of the Mutation Case No.19045
of 2023.
12. As such, the writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 18 .09. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
