Jayanti Biswas & Others vs State Of Odisha & Others
2026 Latest Caselaw 152 Ori

Orissa High Court

Jayanti Biswas & Others vs State Of Odisha & Others on 8 January, 2026

           ORISSA HIGH COURT : CUTTACK

                   WP(C) No.35230 of 2025

An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Jayanti Biswas & Others ... Petitioners.

-VERSUS-

State of Odisha & Others ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioners : Mr. Niranjan Panda, Advocate

For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.

(For the State)

P R E S E N T:

HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 08.01.2026 :: Date of Judgment : 08.01.2026

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 directing the Tahasildar, Kalimela (Opp. Party No.4)

in the district of Malkangiri for deletion of the name of Mr.

Laxman Biswas from the R.o.R. vide Khata No.181/61 in Mouza-

Erbanpali, because, Mr. Laxman Biswas has expired.

2. Heard from the learned Counsel for the petitioner and the

learned Addl. Standing Counsel for the State.

3. It is the settled propositions of law that, for deletion of the

name of a recorded tenant from a R.o.R on the ground of his/her

death, a Mutation Case is to be registered on the basis of an

application submitted by a interested party, who is interested for

deletion of the name of such dead person from the R.o.R and

then, an enquiry is to be conducted by the Tahasildar and

thereafter, necessary order may be passed by the Tahasildar for

deletion/exclusion of the name of the dead recorded tenant from

the R.o.R and in his place, the names of his/her LRs be

indicated.

For which, High Court, cannot pass a blanket order in this

Writ Petition directing the Tahasildar, Kalimela (O.P. No.4) for

deletion of the name of a dead person from the R.o.R, because,

for deletion of the name of a dead person from the R.o.R, some

formalities as per law are required to be made before the

Tahasildar through a Mutation Proceeding.

4. In view of the above settled propositions of law, there is no

justification under law to allow the writ petition filed by the

petitioners in full.

For which, the writ petition filed by the petitioners is to be

allowed in part.

5. In result, the writ petition filed by the petitioners is allowed

in part.

6. Liberty is granted to the Petitioners to file an application

before the Tahasildar, Kalimela praying for deletion/exclusion of

the name of dead person i.e. Laxman Biswas from the R.o.R.

vide Khata No.181/61 in Mouza-Erbanpali and on the basis of

such application, the Tahasildar, Kalimela shall register a

Mutation Case and he shall conduct an enquiry and then, he

shall pass the necessary orders for the same.

7. As such, this writ petition filed by the petitioners is

disposed of finally.

(ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 08 .01. 2026// Rati Ranjan Nayak Sr. Stenographer

Location: High Court of Orissa, Cuttack, India.