IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28180 of 2025

(An application under Article 226 and 227 of the Constitution

of India, 1950)

Sudam Charan Behera …. Petitioner

-versus-

State of Odisha and others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioner - Mr. N.R. Mohanty,

Advocate.

For Opposite Parties- Mr. Tej Kumar,

Learned Additional Sanding Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :27.10.2025 :: Date of Judgment :27.10.2025

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 23.06.2025(Annexure-2) passed in Mutation Case No.5714 of 2025 by the Tahasildar,

Salipur(Opposite Party No.2) in the district of Cuttack on the ground of non-compliance of the principles of natural justice, because, said Mutation Case No.5714 of 2025 of the petitioner has been disposed of by the Tahasildar, Salipur(Opposite Party No.2) as per impugned order dated 23.06.2025 vide Annexure-2 without giving any opportunity of being heard to the petitioner assigning the reasons that, “the petitioner has purchased the case land from one of the co-sharers of his vendor without taking the consent of his other co-sharers.”

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

3. During the course of hearing of this writ petition, learned Additional Standing Counsel for the State contended that, when, there is a statutory appellate forum to challenge the impugned order passed by the Tahasildar, Salipur(Opposite Party No.2) in Mutation Case No.5714 of 2025, by preferring an appeal before the Sub- collector, Cuttack, then, this writ petition filed by the petitioner is not entertainable under law.

The law concerning the maintainability of a writ petition under Articles 226 and 227 of the Constitution of India, 1950 despite availability of an alternative remedy has already been clarified by the Apex Court in the ratio of the following decisions:-

(i) In a case between Whirlpool Corporation vrs. Registrar of Trade Marks : reported in (1998) 8 SCC-1 that, Despite availability of an alternative remedy, a writ petition under Articles 226 and 227 of the Constitution of India, 1950 can be entertained in the following cases:-

(a) Where principles of natural justice are breached (b) Where fundamental rights are sought to be enforced or breach thereof is complained of (c) Where the impugned order is passed by an authority without justification.

(d) Where the Constitutionability of any provision is called in question.

(ii) In a case between The Assistant Commissioner of State Tax and others vrs. M/s. Commercial Steel Limited : reported in (2022) 16 SCC-447 that, Despite availability of an alternative remedy, a writ petition under Articles 226 and 227 of the Constitution of India, 1950 can be entertained in the following cases :-

(i) An access of jurisdiction.

(ii) A breach of fundamental rights.

(iii) A violation of the principles of natural justice (iv) A challenge to the vires of the statute or delegated legislation.

Here in this matter at hand, when the petitioner has challenged the impugned order dated 23.06.2025(Annexure-2) passed by the Tahasildar, Salipur(Opposite Party No.2) in Mutation Case No.5715 of 2024 by filing this writ petition under Articles 226 and 227 of the Constitution of India, 1950 on the ground for non-compliance of the principles of natural justice, then at this juncture, in view of the principles of law enunciated by the Apex Court in the ratio of the above decisions, it cannot be held that, this writ petition filed by the petitioner is not entertainable under law.

4. So far as the sustainability of the impugned order of rejection to the Mutation Case No.5714 of 2025 of the petitioner on dated 23.06.2025(Annexure-2) by the Tahasildar, Salipur(Opposite Party No.2) on the ground of non-taking of the consent of the co-sha