Authorities must maintain consistency with prior unchallenged decisions, as deviation without justification undermines legal fairness and jurisdiction.

JUDGMENT :

A.C. Behera, J.

This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the order dated 03.02.2023 (Annexure-23) passed by the Addl. Tahasildar, Bhubaneswar (Opp. Party No.4) in Mutation Case No.41910 of 2022.

2. I have already heard from the learned counsel for the Petitioner and the learned Addl. Standing Counsel for the State-Opposite Parties.

3. The case of the petitioner that, he filed Mutation Case No.41910 of 2022 on the basis of the final order dated 13.09.2021 passed in OSS Case No.1119 of 2019 by the Learned Additional Commissioner, Additional Revisional Court, Bhubaneswar under Section-15(b) of the Orissa Survey and Settlement Act, 1958.

4. In the said final order dated 13.09.2021 passed in OSS Case No.1119 of 2019, by the Opp. Party No.4 (Additional Commissioner, Additional Revisional Court, Bhubaneswar), the Opp. Party No.3 (Tahasildar, Bhubaneswar) was directed to verify all the relevant documents and make proper filed verification of possession along with Sabik Hal comparison of the suit land and to record the said land in favour of the Petitioner following due process of law.

5. The Mutation Case No.41910 of 2022 filed by the petitioner was transferred by the Tahasildar, Bhubaneswar (Opp. Party No.3) to the Additional Tahasildar, Bhubaneswar (Opposite Party No.4).

6. The Additional Tahasildar, Bhubaneswar (Opp. Party No.4) passed final order in that Mutation Case No.41910 of 2022 on dated 03.02.2023 under Annexure-23 as follows:

“in regard to change of Kisam of the applied suit land from Chhota Jungle to Gharabari, this Court is not competent to do so and lacks jurisdiction. In view of the above, this authority is constrained not to proceed further in passing any order as being without jurisdiction; Therefore, the claim of the applicant needs no consideration at this stage and this Mutation Case is hereby dropped.”

7. It is well evident from the contents of the above impugned order vide (Annexure-23) passed by the Additional Tahasildar, Bhubaneswar in Mutation Case No. 41910 of 2022 that, previously the case land was converted by the Tahasildar, Bhubaneswar (Opp. Party No.3) in O.L.R. Case No.6047 of 2007 under Section 8A of the O.L.R. Act from Sharad-II to Gharabari holding its status as Sthitiban land of the petitioner.

8. The said order of the Tahasildar, Bhubaneswar (Opp. Party No.3) passed in OLR Case No.6047 of 2007 under Section 8A of the OLR Act has not been varied/altered or set aside as yet. For which, the final order passed by the Tahasildar, Bhubaneswar (Opp. Party No.3) in OLR Case No.6047 of 2007 under Section 8A of the OLR Act regarding the Kisam of the case land as Gharabari and its status as Sthitiban land of the petitioner has already been reached in its finality without being challenged in any manner either by the Tahasildar, Bhubaneswar or anyone else.

9. Therefore, the Tahasildar, Bhubaneswar (Opp. Party No.3) including Additional Tahasildar, Bhubaneswar (Opp. Party No.4) are estopped under law to take any view in Mutation Case No.41910 of 2022 filed by the Petitioner contrary to the views expressed earlier by the Tahasildar, Bhubaneswar (Opp. Party No.3) in OLR Case No.6047 of 2007 under Section 8A of the OLR Act about the Kisam and Status of the case land.

So, during the course of compliance to the directions made in OSS Case No.1119 of 2019 by the Additional Tahasildar, Bhubaneswar (Opp. Party No.4) in disposing of the Mutation Case No.41910 of 2022 as per Annexure-23, the Opp. Party No.4 should not have exp