[Cites 3, Cited by 0]
Orissa High Court
Mr. Hemanta Kumar Rout vs State Of Odisha & Others on 7 January, 2026
ORISSA HIGH COURT : CUTTACK
WP(C) No.37534 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Mr. Hemanta Kumar Rout
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Bhabani Sankar Das, Advocate.
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.
(State-Opp. Parties)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 07.01.2026 :: Date of Judgment :07.01.2026
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Articles 226 & 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for quashing the impugned order dated 06.09.2025
(Annexure-3) passed in Mutation Case No.3815/2025 by the
Addl. Tahasildar, Delanga (Opp. Party No.4).
2. Heard from the learned counsel for the petitioner and the
learned Standing Counsel for the State-Opp. Parties.
3. The Addl. Tahasildar, Delanga (Opp. Party No.4) rejected
to the Mutation Case No.3815 of 2025 of the petitioner on
dated 06.09.2025.
The said impugned order dated 06.09.2025 is as follows:
06/09/2025
"Perused the case record. It is found that, it is a joint
property. One of the co-sharer has transacted the plot
without the consent of another co-sharer. Hence this case is
rejected."
Rajendra Narayan Moharana
Addl. Tahasildar, Delanga
4. The law relating to the Mutation of the purchase land by
the purchaser like the petitioner from one of the co-sharer
without the consent of the other co-sharers has already been
clarified in the ratio of the following decisions:
(i) In a case between Sudam Das Vs. Krushna
Mahakur reported in JBR Vol-XVIII (1982) II,
Page 43 that, when one of the co-sharer sells his
share, the purchaser will become the co-sharer in
place of the seller. No particular plot of land can be
mutated in his name, unless other co-sharers
consent to it or a decree from the Civil Court is
obtained indicating his share, before that, partition
is pre-mature.
(ii) In a case between Sashikanta Panigrahi Vs.
State of Odisha & Others reported in 2025 (II)
OLR 1038 that, when purchaser from one of the
co-sharers of the property apply for mutation of the
purchased land to his name, in that case, the
mutation will be allowed in favour of the petitioner
making the purchaser as a co-sharer with others,
those have not alienated/transferred their share to
the purchaser. But, no particular plot of land can
be mutated in the name of the purchaser unless
the other co-sharers consent to it or the decree of
partition is there.
5. When it is the clarified propositions of law as per the
ratio of the aforesaid decisions that, when one of the co-sharer
sells his share, the purchaser will become the co-sharer in
place of the seller and no particular plot of land can be
mutated in his name, unless other co-sharers consent to it,
then, at this juncture, the impugned order i.e. total rejection
to the Mutation Case No.3815/2025 as per order dated
06.09.2025 by the Addl. Tahasildar, Delanga (Opp. Party No.4)
assigning the reasons that, the case land is a joint property
and one of the co-sharer has transacted the plot without the
consent of another co-sharer, for which, the mutation is not
possible cannot be sustainable under law.
Therefore, there is justification under law for making
interference with the same through this writ petition filed by
the petitioner.
6. As such, there is some merit in the writ petition filed by
the petitioner. The same is to be allowed in part.
7. In result, the writ petition filed by the petitioner is
allowed in part.
8. The impugned order dated 06.09.2025 (Annexure-3)
passed in Mutation Case No.3815 of 2025 by the Addl.
Tahasildar, Delanga (Opp. Party No.4) is quashed.
The matter vide Mutation Case No.3815 of 2025 is
remitted/remanded back to the Addl. Tahasildar, Delanga
(Opp. Party No.4) to decide the same afresh on the basis of the
observations made in this Judgment after giving opportunity
of being heard to the parties thereof as expeditiously as
possible within a period of one month from the date of filing of
the certified copy of this judgment by the petitioner.
Petitioner is directed to appear before the Addl.
Tahasildar, Delanga (Opp. Party No.4) in Mutation Case
No.3815 of 2025 on dated 19.01.2026 and to file the certified
copy of this Judgment for the purpose of receiving the
directions of Addl. Tahasildar, Delanga (Opp. Party No.4) as to
further proceedings of that Mutation Case No.3815 of 2025.
9. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 07 .01. 2026// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
