Chandra Prakash Rath vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 422

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Chandra Prakash Rath – Appellant
Versus
State of Odisha – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Budhiram Das, Advocate.
For the Opposite Parties : Mr. Gyanalok Mohanty Adv.

Table of Content
1. writ petition challenges mutation order. (Para 1 , 2)
2. status of land prior to impugned order. (Para 4)
3. government notifications have prospective effects. (Para 5 , 6)
4. illegality of initial order affects subsequent actions. (Para 7)
5. writ petition allowed; quashing of orders. (Para 8 , 9 , 10)

JUDGMENT :

A.C.BEHERA, J.

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 22.08.2025 (Annexure-13) passed in Suo Moto Mutation Case No.8605 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P. No.5) and to direct the Addl. Tahasildar, Bhubaneswar (O.P. No.5) to keep the R.o.R. of the case land vide Khata No.474/4656 Plot No.299/1823/2663 and Plot No.299/1823/2664/4974 in Mouza Patia under Bhubaneswar Tahasil in the district of Khordha, as it was prior to the impugned order dated 22.08.2025 (Annexure-13).

2. The case of the petitioner is that, the case land i.e. Plot No.299/1823/2663 Ac.0.06 decimals and Plot No.299/1823/2664/4974 Ac0.02 decimals in total Ac0.08 decimals under Khata No.474/4656 was under Sthitiban status in the name of the petitioner and kisam of th