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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Shyam Shree Residency Pvt. Ltd. – Appellant
Versus
State of Odisha, represented by Principal Secretary, Revenue and Disaster Management Department, Government of Odisha, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. challenge to mutation order and rights inherited (Para 1 , 2 , 3) |
| 2. legal proceedings related to case (Para 4 , 5) |
| 3. accrued rights cannot be retrospectively affected (Para 6) |
| 4. consequential orders follow initial illegal orders (Para 7 , 8) |
| 5. notification’s applicability and legal rights (Para 9 , 10 , 11) |
| 6. justification for interference in order (Para 12) |
| 7. disposition of the writ petition (Para 13 , 14 , 15) |
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
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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