IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33794 of 2025

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

-versus-

State of Odisha and Others …. Opposite Parties

Appeared in this case by Hybrid Arrangement

(Virtual/Physical Mode):

For Petitioners - Mr. B. S. Tripathy,

Sr.Advocate.

Mr. A. Tripathy,

Advocate.

For Opposite Parties - Smt. J. Sahoo,

Addl. Standing Counsel.

CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :29.11.2025 :: 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 petitioners praying for quashing the impugned order passed in Suo Moto Mutation Misc. Case No.7333 of 2025 by the Tahasildar, Bhubaneswar (O.P. No.2) and to direct the Tahasildar, Bhubaneswar (O.P. No.2) to keep the R.o.R. of the case land vide Khata No.474/1545 Plot No.516/1749/3310 in Mouza Patia under Bhubaneswar Tahasil in the district of Khordha, as it was

prior to the impugned order passed in Suo Moto Mutation Misc. Case No.7333 of 2025 as well as prior to the Notification dated 02.07.2025.

2. The R.o.R. of the case land vide Khata No.474/1545 Plot No.516/1749/3310 was prepared in the names of the predecessors of the petitioners. The kisam of the case land was Gharabari. After the death of the predecessors of the petitioners, the petitioners being the exclusive owners of the case land, they were/are possessing the same with the same status/kisam thereof. But surprisingly, the O.P. No.2 initiated a Suo Moto Mutation Misc. Case No.7333 of 2025 as per 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 without the knowledge of the petitioners and as per the order passed in Suo Moto Mutation Misc. Case No.7333 of 2025, the O.P. No.2 (Tahasildar, Bhubaneswar) changed the Sthitiban Satwa status from Khata No.474/1545 Plot No. 516/1749/3310 to Pattadar status and prepared new R.o.R. on 09.11.2025 vide Annexure-5 correcting the stithiban status from the same to Pattadar.

For which, the petitioners challenged the same by filing this writ petition praying for quashing the impugned order passed in 516/1749/3310 as well as to the corrected R.o.R. vide Annexure-5 and to keep the record and status of the case land under Khata No.474/1545 as it was under sthitiban status prior to the impugned order passed in Suo Moto Mutation Misc. Case No.7333 of 2025.

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

4. It is the undisputed case of the parties that, prior to the impugned order passed in Suo Moto Mutation Misc. Case No.7333 of 2025 by the O.P. No.2 (Tahasildar, Bhubaneswar), the status in the R.o.R. of the case land vide Khata No.474/1545 was under sthitiban status, to which, the Tahasildar, Bhubaneswar (O.P. No.2) 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 in the ratio of the following decisions:-

(i) In a case between Ex-Capt. K.C. Arora and another Vrs. State of Haryana and others passed in Writ Petition Nos.6436-37 of 1980 and Civil Appeal Nos.3095-96 of 1980 decided on 26^th April, 1984 that, Accrued rights cannot be taken away by Government by making amendment of the rules with retrospective effect.

(ii) In a case between State of Gujarat and another Vrs. Raman Lal Keshav Lal Soni and others reported in 1983 (2) SCC 33 that, Government cannot take away the accrued rights of the petitioner and the appellant by making amendment of the Rules with retrospective effect.

(iii) In a case between State of Madya Pradesh Vrs. Yogendra Shrivastava reported