Probate is unnecessary for wills executed in specified districts, allowing mutation without disputing genuineness in revenue courts.

JUDGMENT :

A.C. Behera, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for setting aside an order dated 20.04.2023 (Annexure-1) passed in a Mutation Case No.69 of 2023 by the Tahasildar, Champua(Opposite Party No.2).

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, Anadi Charan Giri and Rajkishore Giri were the joint owners of Plot No.551/1758 Ac.0.31 decimals under Khata No.5 in Mouza-Ramla under Champua Tahasil in the district of Keonjhar.

Out of that Ac.0.31 decimals of Plot No.551/1758, Rajkishore Giri sold his half share of that Plot No.551/1758 to Satyabrata Giri and Subhendu Kumar Giri executing and registering Sale Deed No.682 dated 12.09.2000 and Sale Deed No.273 dated 13.05.2002 respectively.

Thereafter, Anandi Charan Giri bequeathed his rest half share of Plot No.551/1758, i.e., Ac.0.15 decimals to his minor grand-son Auromohit Shuvaswagat Giri represented through his father guardian Subhendu Kumar Giri executing and registering Will bearing No.31041600354 dated 18.10.2016 in his favour.

When, the testator of the above registered Will dated 18.10.2016(Annexure-6) Anadi Charan Giri died on 08.07.2018, then, the petitioner Auromohit Shuvaswagat Giri being the beneficiary of the Will possessed the bequeathed properties covered under the above Will Ac.0.15 decimals of Plot No.551/1758 through his father guardian as the owner of the same and filed Mutation Case No.69 of 2023 before the Tahasildar, Champua(Opposite Party No.2) for mutation of the above properties covered under the Will dated 18.10.2016(Annexure-6).

As per the order dated 20.04.2023(Annexure-1), the Tahasildar, Champua(Opposite Party No.2) rejected to that Mutation Case No.69 of 2023 filed by the petitioner assigning the sole reason/ground that, “Will is not probated.”

On being aggrieved with the above order of rejection to the Mutation Case No.69 of 2023 passed by the Tahasildar, Champua (Opposite Party No.2) on dated 20.04.2023 as per Annexure-1, the petitioner challenged the same by filing this writ petition praying for quashing the said order dated 20.04.2023(Annexure-1) passed in Mutation Case No.69 of 2023 by the Tahasildar, Champua(Opposite Party No.2.

3. I have already heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.

4. It is the settled propositions of law that, when a Will in question is executed in the Districts, which were coming under the ex-princely State like Mayurbhanj, Bolangir, Koraput, Dhenkanal, Ganjam, Sundargarh, Sambalpur, Angul, Keonjhar, Kalahandi, Subarnapur, Rayagada, Jharsuguda, Malkanagiri and others, no probate of Will is necessary. In the said Districts, Revenue Authorities and Tahasildars can proceed with the mutation cases on the basis of un-probated Wills.

5. On this aspect, it has already been clarified by the Hon’ble Courts in the ratio of the decisions reported in

(I) 1972(2) C.W.R.-1451, Amrutlal Majhi and others vrs. Japi Sahuani and others . (II) AIR 1973 Orissa-112, Balaram Tripathy and another vrs. Lokanath Tripathy . (III) 48(1979) CLT-211 (Para-8), Mst. Radha Hota vrs. Dutika Satpathy and another , (IV) 2008(I) OLR- 729, Sailabala Satpathy vrs, Parbati Satpathy and others . (V) 2009(II) CLR-155, Aparna Sahu and others vrs. Raghunath Biswal and others . (VI) 2012(II) OLR-394, Kunjabihari Sahu vrs. State of Orissa and others . (VII) 2015(II) CLR-1075 & 2015(II) OLR-1025, Ritesh Kumar Patel @ Ritesh Patel vrs. Kishore Chandra Patel and others . (VIII) W.P.(C) No.24927 of 2021, Subrat Purohit vrs. State of Orissa and others . (IX) W.P.(C) N