IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA, BIBHUTI BHUSAN RAY
BIBHUTI BHUSAN RAY – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to mutation order. (Para 1) |
| 2. concern over repeated court appeals. (Para 2) |
| 3. historical context of the land's legal status. (Para 3 , 4 , 9) |
| 4. state's lack of counter and appearance. (Para 5 , 6) |
| 5. jurisdictional challenge to tahasildar's order. (Para 7 , 8) |
| 6. court directive for land recording. (Para 10 , 11) |
| 7. multiple authoritative decisions supporting the petitioner. (Para 12) |
| 8. authority limitations in mutation proceedings. (Para 13 , 15 , 16) |
| 9. impugned order found to be illegal. (Para 14 , 17) |
| 10. order to record land in favour of petitioner. (Para 18) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. The petitioner seeks to challenge the order dated 11.04.2025 passed by the Tahasildar, Bhubaneswar in Mutation Case No.29182 of 2022, whereby the prayer of the petitioner to record the land in question in his favour was disallowed.
2. Before adverting to the facts of the case, it would be apt to mention that this is the seventh approach of the petitioner to this Court seeking more or less the same relief. That a citizen of this country has had to repeatedly knock the doors of this Court is by itself a matter of concern.
3. The land in question was settled in favour of
The Tahasildar cannot exceed jurisdiction by disregarding multiple prior judicial mandates in mutation proceedings, reflecting improper legal interpretation.
The Tahasildar must follow judicial directives in land mutation cases and cannot independently revisit settled matters, ensuring adherence to established legal procedures.
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
The authority to hear revisions under the OSS Act rests with the Board of Revenue, not the Tahasildar, reaffirming the necessity for adherence to statutory provisions.
Authority under statutory law must act within defined limits; remitting issues back to lower authorities without jurisdiction is invalid.
The resumption of land under Section 3-B cannot be solely based on observations of land lying fallow; substantial evidence of actual non-use for its intended purpose is required.
Authorities must maintain consistency with prior unchallenged decisions, as deviation without justification undermines legal fairness and jurisdiction.
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