IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28959 of 2025

(An application under Article 226 and 227 of the Constitution of India, 1950)

Mr. Baishnab Charan Patra …. Petitioner

-versus-

State of Odisha and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. A. Goswamy,

Advocate.

For Opposite Parties- Mr. S. Nayak,

Learned Additional Sanding Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :17.10.2025 :: Date of Judgment :17.10.2025

A.C. Behera, J. This writ petition has been filed by the petitioner under Articles

226 and 227 of the Constitution of India, 1950 praying for quashing the impugned orders passed in Mutation Case No.379 of 2025 vide Anenxure-5 by the Additional Tahasildar, Bhubaneswar (Opposite Party

No.4).

2. Heard from the learned counsel for the petitioner and the learned

Additional Standing Counsel for the State.

3. The impugned order for rejection of the Mutation Case No.379 of 2025 has been passed by the Additional Tahasildar, Bhubaneswar

(Opposite Party No.4) on dated 20.03.02025(Annexure-5) only for non- production of the required original documents by the petitioner for verification.

4. It appears from the impugned orders vide Annexure-5 passed in Mutation Case No.379 of 2025 that, the date of that case was on 09.01.2025 and from 09.01.2025, the same was posted to 16.01.2025, but, on that day, i.e., 16.01.2025, the case was not put up and no order was passed and it was not informed to the petitioner, when his case shall be taken up or put up, but, surprisingly on dated 10.03.2025, his case was put up without the knowledge of the petitioner and an order was passed stating that, the petitioner did not produce the required original documents for verification. Then, on dated 20.03.2025, an order was passed for rejection of the Mutation Case No.379 of 2025 of the petitioner on the ground of non-production of the required original documents by the petitioner for verification, though, the petitioner was not given any opportunity for the production of the documents.

5. For which, the impugned orders for rejection of the Mutation Case No.379 of 2025 of the petitioner as per Annexure-5 passed by the Additional Tahasildar, Bhubaneswar cannot be sustainable under law.

The same is to be allowed.

8. The impugned orders for rejection of Mutation Case No.379 of 2025 passed by the Additional Tahasildar, Bhubaneswar (Opposite Party No.4) as per Annexure-5 are quashed(set aside).

The Mutation Case No.379 of 2025 is remitted back to the Additional Tahasildar, Bhubaneswar (Opposite Party No.4) to decide the same afresh as per law as expeditiously as possible within a period of one month from the date of filing of the certified copy of this judgment by the petitioner after giving opportunity to the petitioner for filing of documents in his favour.

9. As such, the writ petition filed by the petitioner is disposed of finally.

(A.C. Behera), Judge Orissa High Court, Cuttack The 17^th of October, 2025/ Jagabandhu, P.A.

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUITTACK Date: 18-Oct-2025 10:26:08