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Orissa High Court
Daitari Behera And Others vs State Of Odisha And Others .... Opp. ... on 11 March, 2026
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 30743 of 2024
Daitari Behera and Others .... Petitioners
Represented by
Mr. N. K. Barik, Advocate
-Versus -
State of Odisha and Others .... Opp. Parties
Represented by
Ms. J. Sahoo, ASC
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
11.03.2026
Order No.
16. 1. This matter is taken up through hybrid mode.
2. The petitioners have approached this Court with the following
prayer:-
"The petitioners therefore, pray that this Hon'ble
Court be graciously pleased to admit, issue notice to the Opp.
Parties to show cause as to why both the remarks columns of
R.O.Rs filed under Annexure-8 series so also the order dated
09.05.2024 in sou moto appeal Case No. 399 of 2023 and the
entire order sheet in R.P. No. Case No. 18033 of 2024 shall
be quashed and if the Opp. Parties fail to show cause or do
not show sufficient cause, make the said rule absolute under
writ of mandamus/certiorari or any other writs while
quashing both the proceeding and the recent remark entries
made in pursuant to order made by O.P. No.2 under
Annexure-8 series and allow the writ petition by giving
opportunity of hearing to the petitioners with further
direction to restore the ROR made under the direction of
Member, Board of Revenue in R.P. No. Case No.350 of 2014.
And/or pass any other/orders as this Hon'ble Court
deem fit and proper.
And for this act of your kindness, the petitioners as in
duty bound shall ever pray."
3. The facts of the case, briefly stated are that the petitioners
filed a revision before the Commissioner, Settlement and Land
Page 1 of 3
Records, Odisha being R.P. Case No.350 of 2014. The revision
came to be dismissed for default due to non-appearance of the
petitioners by order dated 22.l1.2018. By a subsequent order passed
on 18.11.2019, on an application filed by the petitioners, the
revision was restored. The matter was thereafter heard and
ultimately culminated in final order being passed on 30.03.2022,
allowing the revision with necessary directions being issued to the
Tahasildar, Bhubaneswar. Pursuant to such direction, the Tahasildar
corrected the ROR in Mutation Case No.13649 of 2022. Hal ROR
was also published. While the matter stood thus, the private
Opposite Party No.4 filed appeal against the order passed in the
mutation case before the Sub-Collector, Bhubaneswar registered as
Mutation Appeal No. 399 of 2023. The petitioners submit that they
were never served with notice of the appeal. The appeal was
allowed by holding that the revisional Court had dismissed the R.P.
case for default on 22.11.2018. It was further held that the
Additional Tahasildar, without going into the merits of the order in
the aforementioned revision, allowed the mutation case and further
held that the ROR was issued by means of fraudulent practices and
is illegal.
4. Learned counsel for the petitioners has filed certified copies
of the entire order sheet in R.P. Case No.350 of 2014.
5. Perusal of the order sheet reveals that case was dismissed
for default on 22.11.2018 but was restored to file by order dated
18.11.2019
. Thereafter, the case proceeded and was finally
disposed of by order dated 30.03.2022, allowing the revision in
favour of the petitioners. These aspects were evidently not brought
to the notice of the Sub-Collector hearing the mutation appeal,
resulting in making the observations as noted above.
6. Learned State Counsel also fairly submits that the fact of
restoration of the revision and its subsequent disposal in favour of
the petitioners has escaped the attention of the appellate authority.
7. Considering the submissions as above, particularly the
entire order sheet in R.P. Case No. 350 of 2014, this Court finds
that the order passed by the Sub-Collector in the mutation appeal is
contrary to the order passed by the revisional authority, though the
same is in ignorance thereof.
8. Be that as it may, the revision having been allowed in
favour of the petitioners and necessary steps for correction of the
ROR have already been undertaken, the order passed by the
Appellate Authority cannot be sustained in the eye of law. The writ
petition is therefore allowed. The order dated 09.05.2024 passed by
the Sub-Collector Bhubaneswar in Mutation Appeal No.399 of
2023 is hereby set aside. Consequently, the order dated 08.10.2024
passed by the Additional Tahasildar, Bhubaneswar in Mutation
Case No.18033 of 2024 is also set aside. The order dated
06.08.2022 passed by the Tahasildar, Bhubaneswar in Mutation
Case No.13649 of 2022 and the Hal ROR published pursuant
thereto are restored. The certified copies of the order sheet in R.P.
Case No.350 of 2014 and other documents enclosed thereto be kept
on record.
9. It goes without saying that the necessary correction shall
also be made in the Bhulekh portal.
(Sashikanta Mishra)
BC.TUDU
Signed by: BHIGAL CHANDRA TUDU
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 13-Mar-2026 16:37:09
