Orissa High Court
Prasana Kumar Patra vs State Of Odisha & Others ........ ... on 24 September, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.32018 of 2023
An application under Articles 226 & 227 of the Constitution
of India.
***
Prasana Kumar Patra ............. Petitioner
-VERSUS-
State of Odisha & Others ........ Opposite Parties
Counsel appeared for the parties:
For the Petitioner : Mr.S.Patnaik, Advocate
Mr.S.Mohanty, Advocate
For the Opposite Parties : Mr.A.P. Bose, Advocate
(for O.P. No.4)
Ms.J.Sahoo, A.S.C.
(for O.P. Nos.1 to 3)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing: 14.08.2025 :: Date of Judgment : 24.09.2025
A.C. Behera, J. This writ petition under Article 226 and 227 of
the Constitution of India, 1950 has been filed by the Petitioner
praying for quashing the Order dated 14.09.2023 (Annexure-
10) and notice dated 14.09.2023 (Annexure-11) issued by the
Additional Tahasildar, Bhubaneswar in reference to Mutation
Case No.34674 of 2022.
2. I have already heard from the learned counsel for the
Petitioners, the learned counsel for the O.P. No.4 and the
learned Additional Standing Counsel for the O.P. Nos.1 to 3.
3. The case of the Petitioner in this writ petition is that, he
(Petitioner) is the owner of the case land. The R.o.R of the same
stand in his name. He (Petitioner) is in possession over the
case land constructing boundary walls around the same, but,
surprisingly, as per order dated 14.09.2023 (Annexure-10)
passed in Mutation Case No.34674 of 2022 by the Additional
Tahasildar, Bhubaneswar, he (Petitioner) received a notice vie
(Annexure-11) from the Additional Tahasildar, Bhubaneswar to
handover possession of the case land to the O.P. No.4 (Ashok
Kumar Mohapatra).
4. On the basis of rival submissions of the learned counsels
of both the sides, the crux of this writ petition is that,
whether The Additional Tahasildar,
Bhubaneswar had jurisdiction to issue notice
vide Annexure-11 to the Petitioner as per order
dated 14.09.2023 (Annnexure-10) passed in
Mutation Case No.34674 of 2022 to handover
possession of land of the Petitioner to O.P. No.4
(Ashok Kumar Mohapatra)?
5. The order dated 14.09.2023 (Annexure-10) passed in
Mutation Case No.34674 of 2022 by the Additional Tahasildar,
Bhubaneswar as well as notice vide Annexure-11 are going to
show that, the Petitioner is in possession over the case land
and the R.o.R thereof stands in his name and he (Petitioner) is
paying rent for the same.
6. Law is well settled that, Tahasildars or Additional
Tahasildars have no jurisdiction under law to pass any order
in any Mutation Case directing any Party to handover (deliver)
possession of the case land like Civil Court.
Because, as per law, recovery of possession is within the
jurisdiction of competent Civil Court, but, not within the
jurisdiction of Tahasildars or Additional Tahasildars.
For which, the order dated 14.09.2023 (Annexure-10)
passed in Mutation Case No.34674 of 2022 by the Additional
Tahasildar, Bhubaneswar and the notice vide Annexure 11
issued by the Additional Tahasildar, Bhubaneswar directing to
Petitioner to handover possession of his land to the O.P. No.4
(Ashok Kumar Mohapatra) are liable to be quashed, because,
the same are bad and illegal under law.
7. Therefore, there is merit in the writ petition filed by the
Petitioner. The same is to be allowed.
8. In result, the writ petition filed by the Petitioner is allowed
on contest.
9. The order dated 14.09.2023 (Annexure-10) passed in
Mutation Case No.34674 of 2022 by the Additional Tahasildar,
Bhubaneswar as well as the notice vide Annexure-11 issued by
the Additional Tahasildar, Bhubaneswar to the Petitioner is
quashed.
10. The matter vide Mutation Case No.34674 of 2022 is
remitted back to the Additional Tahasildar, Bhubaneswar after
to decide the same afresh after giving opportunity of being
heard to the Parties including the Petitioner and others, if any,
complying the principles of natural justice as expeditiously as
possible within a period of three months from the date of
appearance of the Petitioner and O.P. No.4 before the
Additional Tahasildar, Bhubaneswar.
11. The Parties in this writ petition are directed to appear
before the Additional Tahasildar, Bhubaneswar on dated
16.10.2025 and to file the certified copy of this judgment for
the purpose of receiving the directions of the Additional
Tahasildar, Bhubaneswar as to further proceedings of the
Mutation Case No.34674 of 2022.
12. As such, the writ petition filed by the Petitioner is
disposed of finally.
(A.C. Behera),
Judge
Orissa High Court, Cuttack
24th Of September, 2025/ Binayak Sahoo//
Junior Stenographer
Location: High Court of Orissa, Cuttack
