IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Indian Metals & Ferro Alloys Ltd. – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. court's observation regarding the authority of the tahasildar. (Para 15 , 16) |
| 2. court's main concluding legal reasoning. (Para 17) |
| 3. summary of judgment and ruling. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner- Company against the Opposite Parties praying for quashing (setting aside) an order dated 14.07.2015 (Annexure-1) passed in Mutation Appeal No.156 of 2012 by the Sub-Collector, Sadar, Cuttack (O.P. No.4).
2. The case of the Petitioner is that, an order for mutation of the case land was passed on dated 07.06.1990 (Annexure-2) in Mutation Case Nos. 455/86 and 615/90 by the Tahasildar, Tangi, Choudwar (O.P. No.5) for correction of the R.o.R. of the case land from the name of the Government to the name of the Petitioner- Company on the basis of the judgment and decree passed in T.S. No.189/76 and T.A. No.3/86 respectively.
In spite of passing of such order vide Annexure-2 by the Tahasildar, Tangi, Choudwar (O.P. No.5) in Mutation Case Nos.455/86 and 615/90 for correction of the R.o.R. of the case land from the name of the Government t
A Tahasildar is not required to consult the Collector for correcting the R.o.R as per law, and higher authorities may not set aside such orders without valid reasons.
The Tahasildar must comply with the Civil Court decree and cannot arbitrarily reject mutation applications based on such decrees; compliance with the Odisha Survey and Settlement Rules is mandatory.
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
Revenue Authorities must comply with Civil Court decrees regarding land rights, which remain binding unless challenged or overturned.
Writ petitions can be maintained despite alternate remedies if government officials act contrary to law, emphasizing the necessity of adherence to procedural standards in administrative decisions.
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