Orders in mutation cases must be finalized by the Tahasildar, and contradictory orders lacking proper procedure are deemed unlawful.

JUDGMENT :

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 order dated 25.06.2016 passed in Mutation Case No.592/2016 by the I/c, R.I., Tikarpada, wherein the I/c, R.I., Tikarpada dropped to the Mutation Case No.592 of 2016 of the petitioner .

2. Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State-Opp. Parties.

3. It appears from the impugned order dated 25.06.2016 passed in Mutation Case No.592/2016 that, the impugned order dated 25.06.2016 to drop the Mutation Case No.592 of 2016 of the Petitioner has been passed by the I/c, R.I., Tikarpada under Muniguda Tahasil in the District of Rayagada, but the Tahasildar, Muniguda has put his signature on dated 13.09.2016 in the same page of the impugned order dated 25.06.2016 after some blank space. The order passed by the I/c, R.I., Tikarpada on dated 25.06.2016 to drop the Mutation Case No.592/2016 is a self- contradictory order, because, in the said order, first he has allowed the Mutation Case No.592/2016 of the petitioner and thereafter, he has dropped to the said Mutation Case No.592/2016, but, whereas, the Tahasildar, Muniguda (Opp. Party No.3) has signed on dated 13.09.2016 without any order keeping the space for order as blank.

4. It is very fundamental in law that, any Mutation Case cannot be allowed or rejected finally by the R.I. without the order of Tahasildar for the same.

5. Here in this matter at hand, the Tahasildar, Muniguda has signed on dated 13.09.2016 without passing any order and the order passed on dated 25.06.2016 in Mutation Case No.592/2016 by the I/c, R.I., Tikarpada is self-contradictory for the reasons assigned above.

6. When the order dated 25.06.2016 passed in Mutation Case No.592/2016 by the I/c, R.I., Tikarpada is self-contradictory and when the Tahasildar, Muniguda has signed on dated 13.09.2025 without passing any order keeping the space meant for order as blank, then, at this juncture, the manner of preparation of the order sheets in Mutation Case No.592 of 2016 are not lawful.

When it is held that, the orders passed in Mutation Case No.592 of 2016 are not lawful, then, all the said orders passed in Mutation Case No.592 of 2016 including the impugned order dated 25.06.2016 cannot be sustainable under law.

Therefore, all the orders passed in Mutation Case No.592 of 2016 including the order dated 25.06.2016 therein are liable to be quashed.

For which, there is merit in the writ petition filed by the petitioner. The same is to be allowed.

7. In result, the writ petition filed by the petitioner is allowed.

The all orders including the order dated 25.06.2016 passed in Mutation Case No.592 of 2016 by the I/c, R.I., Tikarpada are quashed.

The matter vide Mutation Case No.592 of 2016 is remitted/remanded back to the Tahasildar, Muniguda to decide the same afresh as per law after giving opportunity of being heard to the parties thereof as expeditiously as possible within a period of two months from the date of filing of the certified copy of this judgment.

Petitioner is directed to appear before the Tahasildar, Muniguda in Mutation Case No.592 of 2016 on dated 19.01.2026 and to file the certified copy of this Judgment for the purpose of receiving the directions of Tahasildar, Muniguda as to further proceedings of that Mutation Case No.592 of 2016.

8. As such, this writ petition filed by the petitioner is disposed of finally.