IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31764 of 2025 (An application under Article 226 and 227 of the Constitution of India, 1950)

Suresh Bhosagar and another …. Petitioners -versus-

State of Odisha and others …. Opposite Parties Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode):

For Petitioners - Mr. S.K. Padhy, Advocate.

For Opposite Parties- Mr. T. Kumar, Learned Additional Sanding Counsel CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing :18.12.2025 :: Date of Judgment :18.12.2025 A.C. Behera, J. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing of the impugned order dated 24.02.2025(Annexure-5) passed by the Tahasildar, Bargarh(Opposite Party No.4) in Mutation Case No.394 of 2025 on the ground that, the said impugned order vide Annexure-5 has been passed by the Opposite Party No.4 without complying the principles of natural justice and without giving any opportunity of being heard to the petitioners.

2. Heard from the learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3. The impugned order dated 24.02.2025(Annexure-5) itself speaks that, the said has been passed for correction of the RoR of the case land from the name of the petitioners to the name of the Government without giving any opportunity of being heard to the petitioners and without issuing any notice to the petitioners. For which, it is held that, the impugned order vide Annexure-5 has been passed without complying the principles of natural justice.

4. It is the settled principles of laws that, if any order is passed without complying the principles of natural justice and without giving any opportunity of being heard to the affected parties like the petitioners, the said order is to be held as bad and illegal under law. Because, as per law no adverse order can be passed by any court or any authority against any party or parties without providing any opportunity of being heard to the said party or parties.

5. So, in view of the above principles of law, the impugned order dated 24.02.2025(Annexure-5) passed in Mutation Case No.394 of 2025 by the Tahasildar, Bargarh(Opposite Party No.4) cannot be sustainable under law. The same is liable to be quashed making interference with the same through this writ petition filed by the petitioners.

6. Therefore, there is merit in this writ petition filed by the petitioners. The same is to be allowed.

7. In the result, the writ petition filed by the petitioners is allowed.

The impugned order dated 24.02.2025 vide Annexure-5 passed in Mutation Case No.394 of 2025 by the Tahasildar, Baragarh(Opposite Party No.4) is quashed.

The matter vide Mutation Case No.394 of 2025 is remitted back(remanded back) to the Tahasildar, Bargarh(Opposite Party No.4) for deciding the same afresh as per law after giving opportunity of being heard to the petitioners and others, if any, as expeditiously as possible from the date of appearance of the parties before the Tahasildar, Bargarh(Opposite Party No.4) in Mutation Case No.394 of 2025.

The parties to this writ petition are directed to appear before the Tahasildar, Bargarh(Opposite Party No.4) on dated 24.12.2025 and to file the certified copy of this judgment for the purpose of receiving the directions of the Tahasildar, Bargarh(Opposite Party No.4) as to the further proceedings of Mutation Case No.394 of 2025.

8. As such, this writ petition filed by the petitioners is disposed of finally.

(A.C. Behera), Judge Orissa High Court, Cuttack The 18^th of December, 2025/ Jagabandhu, P.A.

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 19-Dec-2025 18:03:16