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ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Manjulata Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petition for quashing mutation order. (Para 1 , 2) |
| 2. court ordered name entry in r.o.r. (Para 3 , 4 , 5) |
| 3. court's authority and subordinate obligations. (Para 6 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. grounds for correction of r.o.r. (Para 8 , 9) |
| 5. petitioner’s remedies and application handling. (Para 16 , 17) |
| 6. judgment allowing claim and directing action. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of the India, 1950 has been filed by the petitioner praying for quashing the order dated 22.11.2024 (Annexure-7) passed in mutation case No.4252 of 2024 by the Additional Tahasildar, Bhubaneswar and also to quash the application of the Tahasildar, Bhubaneswar (O.P. No.3) under Section 32 of the OSS Act, 1958 (Annexure 8) before the Board of Revenue, Cuttack and to direct the Tahasildar, Bhubaneswar (Opposite Party No.3) to issue R.o.R. of the case land in favour of the petitioner on the basis of the directions given by this Hon’ble Court on dated 11.04.2023 (Annexure 1) passed in the W.A. No.131 of 2023 filed by the petitioner.
2. I have already heard from the learned Sr. Counsel for the p
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
The Tahasildar must follow judicial directives in land mutation cases and cannot independently revisit settled matters, ensuring adherence to established legal procedures.
The Tahasildar cannot exceed jurisdiction by disregarding multiple prior judicial mandates in mutation proceedings, reflecting improper legal interpretation.
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.
Settlement authorities cannot override confirmed property rights without lawful authority; Judicial review ensures adherence to due process in land ownership disputes.
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