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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Ipsit Dash – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner filed a mutation case based on prior orders. (Para 1 , 3 , 4 , 5) |
| 2. additional tahasildar lacks jurisdiction over the matter. (Para 6) |
| 3. previous tahasildar's order confirmed the land status and classification. (Para 7 , 8) |
| 4. estoppel prevents contradictory decisions by authorities. (Para 9 , 10) |
| 5. writ petition is allowed, and prior order is quashed. (Para 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
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.
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.
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).
“in regard
Authorities must maintain consistency with prior unchallenged decisions, as deviation without justification undermines legal fairness and jurisdiction.
Accrued rights cannot be retroactively altered by government amendments; initial illegal orders invalidate subsequent actions.
A landowner's right to mutate property based on a registered sale deed cannot be legally denied without lawful acquisition or evidence of ownership disputes.
Accrued rights in land records cannot be retrospectively altered; any changes must respect established legal principles and processes.
Accrued rights cannot be retrospectively altered; initial orders deemed illegal invalidate subsequent actions made under them.
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