Procedural compliance is essential for land conversion requests, requiring registration under applicable rules for validation.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing (setting aside) the order dated 12.02.2025 (Annexure-1) passed in Mutation Case No.447 of 2025 by the Additional Tahasildar, Salipur (O.P. No.6).

2. The case of the Petitioner is that, the Petitioner had filed Mutation Case No.447 of 2025 before the Tahasildar, Salipur (O.P. No.5) praying for conversion of the Kissam of the case land vide Plot No.418 under Khata No.376/164 in Mouza Bahugram under Salipur Police Station in the District of Cuttack from Jalasaya II to Homestead, but, the said Mutation Case was transferred from the Tahasildar, Salipur (O.P. No.5) to the Additional Tahasildar, Salipur (O.P. No.6).

The Additional Tahasildar, Salipur (O.P. No.6) rejected to the aforesaid Mutation Case No.447 of 2025 of the Petitioner on the basis of the report of Revenue Inspector (R.I.), because, it was indicated in the report of the Revenue Inspector (R.I.) that, the Kissam of the land is Jalasaya II, for which, the same is not fit for conversion as per Section 8-A of the OLR Act, 1960.

3. On being aggrieved with the said impugned order dated 12.02.2025 (Annexure-1) passed in Mutation Case No.447 of 2025 by the Additional Tahasildar, Salipur (O.P. No.6), the Petitioner challenged the same by filing this writ petition praying for quashing (setting aside) that impugned order vide Annexure-1.

4. Heard from the learned Sr.Counsel for the Petitioner and the learned Standing Counsel for the State.

5. In the counter affidavit submitted on behalf of the State through learned Standing Counsel, it has been stated that, since the Kissam of the case land is Jalasaya II and the same is not an agricultural land, for which, an application under Rule 34 (e) of the OSS Rules, 1962 should have been filed by the Petitioner for the purpose of conversion of Jalasaya II to homestead according to the Letter of the Government vide Letter No.2515/R & DM dated 29.01.2022, because, in the said letter, it has been stated that, a committee has already been constituted under the chairmanship of Revenue Divisional Commissioner for consideration of the applications regarding the conversion of Jalasaya (those have already lost the character of Jalasaya) to homestead, for which, the matter is required to be considered by the said Committee through proper application for the same, but, the Petitioner has not done so.

The learned Sr.Counsel for the Petitioner did not dispute to the aforesaid reflections made in the counter-affidavit of the State.

6. Therefore, on the basis of the aforesaid Letter No.2515/R & DM dated 29.01.2022 of the Government for consideration of the applications relating to conversion of Jalasaya (those have lost its character of Jalasaya) to homestead, this writ petition filed by the Petitioner is required to be disposed of finally.

7. During the course of hearing, the learned Sr.Counsel for the Petitioner submitted that, the Petitioner has already submitted an application under Rule 34 (e) of the OSS Rules, 1962 since 06.09.2025 before the Tahasildar, Salipur (O.P.No.5) in compliance with the aforesaid Letter No.2515/R & DM dated 29.01.2022 of the Government for taking appropriate steps on the basis of said letter of the Government for conversion of Kissam of Plot No.418 of the Petitioner from Jalasaya II to homestead, but, till yet, that application of the Petitioner has not been registered by the Tahasildar, Salipur (O.P. No.5).

8. On the basis of the aforesaid factual developments and changed circumstances during the pendency of this writ petition and the guidelines formulated in the aforesaid Letter No.2515/R & DM dat