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ORISSA HIGH COURT
M/S SHYAM SHREE RESIDENCY PVT.LTD KHURDA – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 22.08.2025(Annexure-1) passed by the Additional Tahasildar, Bhubaneswar(Opposite Party No.5) in Suo Motu Mutation Case No.7482 of 2025 and to direct the Tahasildar, Bhubaneswar(Opposite Party No.4) to keep the SATWA STATUS in the RoR of the case land as “STHITIBAN”, which was prior to the passing of the impugned order dated 22.08.2025(Annexure-1).
2. As per the case of the petitioner, the case land was settled in the name of one Sitabai Gupta for agricultural purposes by the Government under a permanent lease in W.L. Case No.2003/78. The said permanent lease of the case land for agricultural purposes in favour of Sitabai Gupta was confirmed as per order dated 09.11.2006 passed in RC No.13/81 by the Additional District Magistrate, Bhubaneswar(Opposite Party No.3).
When, the permanent lessee of the case land, i.e., Sitabai Gupta died leaving behind the vendors of the petitioner as successors, for which, the vendors of the petitioner inherited the case land from Sitabai Gupta as successors of Sitabai Gupt
Accrued rights cannot be retrospectively altered; initial orders deemed illegal invalidate subsequent actions made under them.
Accrued rights in land records cannot be retrospectively altered; any changes must respect established legal principles and processes.
Accrued rights cannot be retroactively altered by government amendments; initial illegal orders invalidate subsequent actions.
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