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.

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 to the name of the Petitioner-Company, the said order was not carried out practically in the office of the Tahasildar, Tangi, Choudwar for the preparation of new R.o.R. of the case land in the name of the Petitioner company.

Then, the Petitioner approached Tahasildar, Tangi, Choudwar by filing a Misc. Case vide Misc. Case No.17/2003 praying for implementation of the final order dated 07.06.1990 (Annexure-2) passed in Mutation Case No.455/86 and 615/90 for preparation of the R.o.R of the case land in the name of the Petitioner, but, as per order dated 11.07.2003 passed in Misc. Case No.17 of 2003, the Additional Tahasildar, Tangi, Choudwar prepared the R.o.R. of the case land vide Annexure-10 in the name of the Petitioner Company implementing the order dated 07.06.1990 (Annexure-2) passed in Mutation Case No.455/86 and 615/90.

3. Subsequent thereto, no party to the Mutation Case Nos.455/86 and 615/90 and Misc. Case No.17 of 2003 preferred an appeal before the Sub-Collector, Sadar, Cuttack (O.P. No.4) vide Mutation Appeal No.156/12 challenging the order dated 11.07.2003 (Annexure-5) passed in Misc. Case No.17/2003 by the Additional Tahasildar, Tangi, Choudwar without challenging the final order dated 07.06.1990 (Annexure-2) passed in Mutation Case No.455/86 and 615/90 by the Tahasildar, Tangi, Choudwar (O.P. No.5).

4. After hearing, the Sub-Collector, Sadar, Cuttack (O.P. No.4) allowed that Mutation Appeal No.156/12 filed by no party to the Misc. Case No.17 of 2003 and set aside to the order dated 11.07.2003 (Annexure-5) passed in Misc. Case No.17/2003 by the Additional Tahasildar, Tangi, Choudwar as per its order dated 14.07.2015 (Annexure-1) passed in Mutation Appeal No. 156/12.

5. Then, on the basis of such order dated 14.07.2015 (Annexure-1) passed in Mutation Appeal No. 156/12 by the Sub- Collector, Sadar, Cuttack (O.P. No.4), the R.o.R. (Annexure-10) of the case land was corrected from the name of the Petitioner to the name of the Government.

6. Thereafter, the Petitioner approached Collector, Cuttack (O.P. No.3) filing R.P. Case No.42/15 against such order dated 14.07.2015 (Annexure-1) passed in Mutation Appeal No.156/12, but, the Collector, Cuttack (O.P. No.3) did not entertain the same expressing lack of jurisdiction and dismissed that R.P. Case No.42/15 on dated 26.08.2015 (Annexure-3).

Then, the Petitioner approached the Member, Board of Revenue, Odisha, Cuttack (O.P. No.2) challenging the order dated 14.07.2015 (Annexure-1) passed in Mutation Appeal No.156/12 by the Sub-Collector, Sadar, Cuttack (O.P. No.4) filing O.S.S. Case No.268/2015, but, as per order dated 20.07.2018 (Annexure-4) passed in O.S.S. Case No.268/2015, the Member, Board of Revenue, Odisha, Cuttack (O.P. No.2) dismissed that O.S.S. Case No.268/2015 expressing that, he lacks jurisd