IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.13439 of 2024

(An application under Articles 226 and 227 of the Constitution of India, 1950) Debasis Sahu and Others …. Petitioners

-versus-

State of Odisha and Others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioners - Mr. Ramakant Mohanty,

Sr.Advocate.

Ms. S. Mohanty,

Advocate.

For Opposite Parties - Mr. S. R. Pattanaik,

Addl. Govt. Advocate.

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :07.01.2026

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 (setting aside) the impugned order dated 23.06.2020 (Annexure- 2) passed in Mutation Case No.4898 of 2020 by the Tahasildar, Bhubaneswar (O.P. No.5), wherein the O.P. No.5 had dropped to the said

mutation case.

In addition to the above prayer, the petitioners have also prayed for

quashing (setting aside) the impugned order dated 31.03.2023 (Annexure-

1) passed in O.S.S. No.66 of 2021 under Section 15(b) of the O.S.S. Act, 1958 by the Addl. Commissioner, Addl. Revisional Court, Member Board of Revenue, Cuttack Camp at Bhubaneswar (O.P. No.3), wherein a direction was given to place the matter before the Tahasildar, Bhubaneswar (O.P. No.5) for mutation of the case land.

2. Heard from the learned senior counsel for the petitioners and learned AGA for the State.

3. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, the petitioners had purchased the case land from the LRs of the recorded owner Hadibandhu Sahu i.e. from O.P. Nos.6 & 7 through registered sale deed dated 07.02.2020 (Annexure-6).

By the time of above purchase of the case land through the RSD vide Annexure-6, the final R.o.R. of the case land had already been published by the Settlement Authorities in the name of the father of O.P.

Nos.6 & 7 i.e. Hadibandhu Sahu.

After purchasing the case land from O.P. Nos.6 & 7 through the RSD dated 07.02.2020 vide Annexure-6, the petitioners applied for mutation of the case land in their favour by filing a mutation case vide Mutation Case No.4898 of 2020 before the Tahasildar, Bhubaneswar (O.P. No.5).

In the said mutation case, an enquiry was conducted by the Tahasildar, Bhubaneswar (O.P. No.5) and a report was called for from the R.I., Ghatikia. Accordingly, the R.I., Ghatikia submitted a report clarifying the possession of the petitioners over the case land on the basis of their purchase from the O.P. Nos.6 & 7 through the registered sale deed vide Annexure-6.

4. As per the Order dated 16.05.2020 (Annexure-2), the Tahasildar, Bhubaneswar (O.P. No.5) accepted the report of the R.I., Ghatikia and passed order in Mutation Case No.4898 of 2020 as follows:-

“The Case Record is put up today. After due verification of flow of title from Recorded Tenant to Applicant through the original RSD and link documents, the RI has recommended the case for approval. Possession report of RI is a part of the case record. The order of RI is confirmed.”

The aforesaid order passed by the Tahasildar, Bhubaneswar is unambiguously clarifying about the final disposal of the Mutation Case No.4898 of 2020 in favour of the petitioners for correction of R.o.R. of the case land from the name of Hadibandhu Sahu to the names of the petitioners.

However, surprisingly, after some days, the same Tahasildar, Bhubaneswar i.e. O.P. No.5 as per the Order dated 23.06.2020 dropped to that Mutation Case No.4898 of 2020 passing an order as follows:-

“Area shortage. Hence, this case is dropped.”

5. Thereafter, without getting any way, the petitioners approached the Revisional Authority by filing a revision under Section 15(b) of the O.S.S. Act, 1958 vide O.S.S. No.66 of 2021 before the Addl.

Commissioner, Addl. Revisional Court (O.P. No.3).

6. After hearing from both the sides, the O.P. No.3 disposed of the said O.S.S. No.66 of 2021 on dated 31.03.2023 (Annexure-1). The operative por