IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.36927 of 2025

(An application under Articles 226 and 227 of the Constitution of India, 1950) Kuldeep Tuti …. 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 - Ms. J. Sahoo,

Addl. Standing Counsel

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing and Judgment :24.12.2025

A.C. Behera, J. This writ petition under Articles 226 & 227 of the

Constitution of India, 1950 has been filed by the petitioner challenging the impugned order dated 24.03.2025 (Annexure-6) passed in Mutation Case No.1074 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P. No.5)

petitioner.

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

for the State.

3. As per the order sheets of Mutation Case No.1074 of 2025 (Annexure-6):-

“First date of Mutation Case No.1074 of 2025 was 24.01.2025. The 2^nd date before the R.I. was on 06.02.2025. The 3^rd date before the R.I. was on 23.02.2025. In the last date i.e. on 24.03.2025, the mutation case was dropped by the Addl. Tahasildar.”

From the aforesaid order sheets of Mutation Case No.1074 of 2025 filed by the petitioner, it appears that, the previous date of the impugned dismissal order of the Mutation Case No.1074 of 2025 was 23.02.2025 before the R.I.

In the said order sheets, there was no indication/reflection about the posting of the Mutation Case No.1074 of 2025 to 24.03.2025 from 23.02.2025. For which, it was not known to the petitioner that, his Mutation Case No.1074 of 2025 shall be taken up by the Addl. Tahasildar, Bhubaneswar (O.P. No.5) on dated 24.03.2025. For which, it was obvious and natural for the petitioner to remain absent before the O.P. No.5 on dated 24.03.2025. But surprisingly, on dated 24.03.2025, the Mutation Case No.1074 of 2025 of the petitioner was dropped by the Addl. Tahasildar, Bhubaneswar (O.P. No.5) without intimating the petitioner to remain present on that date i.e. on 24.03.2025 before the petitioner. So, the impugned order dated 24.03.2025 has been passed by the Addl. Tahasildar, Bhubaneswar to drop the Mutation Case No.1074 of

2025 of the petitioner without complying the principles of natural justice.

Therefore, the impugned order dated 24.03.2025 passed in Mutation Case No.1074 of 2025 by the O.P. No.5 cannot be sustainable under law, as the said impugned order has been passed in complete violation of the principles of natural justice for the reasons assigned above.

For which, there is justification under law for making interference with the impugned order dated 24.03.2025 passed in Mutation Case No.1074 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P. No.5)

through this writ petition filed by the petitioner.

Therefore, there is merit in the writ petition filed by the petitioner.

The same is to be allowed.

4. In result, the writ petition filed by the petitioner is allowed.

The impugned order 24.03.2025 (Annexure-6) passed in Mutation Case No.1074 of 2025 by the Addl. Tahasildar, Bhubaneswar (O.P. No.5)

is quashed (set aside).

The matter vide Mutation Case No.1074 of 2025 is remitted back (remanded back) to the Addl. Tahasildar, Bhubaneswar (O.P. No.5) to decide the same afresh as per law within a period of two months from the date of appearance of the parties in the said Mutation Case No.1074 of the petitioner in full compliance of the principles of natural justice.

5. The parties to this writ petition are directed to appear before the Addl. Tahasildar, Bhubaneswar (O.P. No.5) in Mutation Case No.1074 of 2025 on dated 12.01.2026 and to produce the certified copy of this judgment for the purpose of receiving the directions of O.P. No.5 as to further proceedings of the said Mutation Case No.1074 of 2025.

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

(A.C. Behera), Judge.

Orissa High Court, C ut tack.

2 Ju 4 n .1 io 2 r . 2 S 0 t 2 en 5 o // g U r t a k p a h li e k r