IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35754 of 2025 (An application under Articles 226 and 227 of the Constitution of India, 1950) Gayatri Nanda …. Petitioner -versus-

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

For Petitioner - Mr. D. Mohanty, Advocate.

For Opposite Parties - Mr. G. Mohanty, Standing Counsel.

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing :16.12.2025 :: Date of Judgment :23.12.2025 A.C. Behera, J. This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order passed in Mutation Misc. Case No.5279 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P. No.5) and to direct the Addl. Tahasildar, Bhubaneswar (O.P. No.5) to keep the R.o.R. of the case land vide Khata No.703/742 Plot No.255/2333 in Mouza Patrapada under Bhubaneswar Tahasil in the district of Khordha, as it was prior to the impugned order passed in Mutation Misc. Case No.5279 of 2025.

2. The case of the petitioner is that, the case land is Plot No.255/2333 Ac0.040 decimals under Khata No.703/742.

According to the petitioner, the case land along with other lands were granted to one Balunki Pardia S/o Padma Charan Parida in W.L. Case No.644/1979 by the Tahasildar, Bhubaneswar. Thereafter, the R.o.R. of the said land was prepared on the basis of W.L. Case No.644 of 1979 in favour of Balunki Parida vide Khata No.703/742 and status thereof was Pattadar status. Subsequent thereto, the kisam of the case land was changed from Pattadar to Sthitiban and R.o.R. vide Annexure-2 was prepared in the name of Balunki Parida in Sthitiban Status. After expiry of the period of restriction for sale of the case land, Balunki Parida sold the same to the petitioner through R.S.D. No.3991 dated 09.10.1998 (Annexure-3) and delivered possession thereof. Then, the petitioner mutated the case land to her name through Mutation Case 9954 of 2001. The said mutation case was allowed in favour of the petitioner and the R.o.R. of the case land was prepared in the name of the petitioner as Khata No.703/1974 under Sthitiban status vide Annexure-4 and the rest land remained in the name of Balunki Parida under Khata No.703/742 under Annexure-2.

But, on the basis of the Notification issued by the Government in Revenue and Disaster Management Department vide LetterNo.RDM- CHS-PGOT-0303-2020-23868/R&DM,dated 02.07.2025, the O.P. No.5 initiated a Mutation Misc. Case No.5279 of 2025 and as per order passed in Mutation Misc. Case No.5279 of 2025, the O.P. No.5 (Addl.

Tahasildar, Bhubaneswar) changed the Sthitiban Satwa status from Khata No.703/742 containing the Plot No.255/2333 to Pattadar status and prepared new R.o.R. vide Annexure-1 correcting the stithiban status from the same to Pattadar.

For which, the petitioner challenged the same by filing this writ petition praying for quashing the impugned order passed in Mutation Misc. Case No.5279 of 2025 as well as to the corrected R.o.R. vide Annexure-1 and to keep the record and status of the case land under Khata No.703/742 as it was under sthitiban status prior to the impugned order passed in Mutation Misc. Case No.5279 of 2025.

3. I have already heard from the learned counsel for the petitioner and learned Standing Counsel for the State.

4. It is the undisputed case of the parties that, prior to the impugned order passed in Mutation Misc. Case No.5279 of 2025 by the O.P. No.5 (Addl. Tahasildar, Bhubaneswar), the status in the R.o.R. of the case land vide Khata No.703/742 was under sthitiban status, to which, the Addl. Tahasildar, Bhubaneswar (O.P. No.5) has changed from sthitiban status to pattadar status on the basis of the Notification issued by the Government in Revenue and Disaster Management Department vide LetterNo.RDM-CHS-PGOT-0303-2020-23868/R&DM,dated 02.07.2025.

5. The law concerning the effect of resolution and notification of the Government has already been clarified